FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 58AH Causing or threatening harm to jurors, potential jurors or former jurors

FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 58AH

Causing harm

  (1)   A person (the first person ) commits an offence if:

  (a)   the first person engages in conduct; and

  (b)   the first person's conduct causes harm to another person (the second person ); and

  (c)   the second person, or a third person, (the targeted person ) is a juror, potential juror or former juror; and

  (d)   the first person intends that his or her conduct cause harm to the second person; and

  (e)   the harm is caused without the consent of the second person; and

  (f)   the first person engages in his or her conduct because of:

  (i)   the targeted person's status as a juror, potential juror or former juror; or

  (ii)   any conduct engaged in by the targeted person in the targeted person's capacity as a juror or potential juror.

Penalty:   Imprisonment for 10 years.

Threatening to cause harm

  (2)   A person (the first person ) commits an offence if:

  (a)   the first person makes to another person (the second person ) a threat to cause harm to the second person or to a third person; and

  (b)   the second person, or the third person, (the targeted person ) is a juror, potential juror or former juror; and

  (c)   the first person:

  (i)   intends the second person to fear that the threat will be carried out; or

  (ii)   is reckless as to causing the second person to fear that the threat will be carried out; and

  (d)   the first person makes the threat because of:

  (i)   the targeted person's status as a juror, potential juror or former juror; or

  (ii)   any conduct engaged in by the targeted person in the targeted person's capacity as a juror or potential juror.

Penalty:   Imprisonment for 7 years.

When conduct causes harm

  (3)   For the purposes of this section, a person's conduct is taken to cause harm if it substantially contributes to harm.

Unnecessary to prove that a threatened person actually feared harm

  (4)   In a prosecution for an offence against this section, it is not necessary to prove that the person threatened actually feared that the threat would be carried out.

Expressions have Criminal Code meaning

  (5)   An expression used in this section that is also used in Part   7.8 of the Criminal Code has the same meaning in this section as it has in that Part.