CRIMES ACT 1914

Part III - Offences relating to the administration of justice  

Division 5 - Escape from criminal detention  

SECTION 46   AIDING PRISONER TO ESCAPE  

46(1)  
A person (the first person ) commits an offence if:


(a) another person (the prisoner ) is in criminal detention; and


(b) the first person aids the prisoner:


(i) to escape from that detention; or

(ii) to attempt to escape from that detention; and


(c) the prisoner escapes, or attempts to escape, from that detention; and


(d) the detention is lawful federal criminal detention.

Penalty: Imprisonment for 5 years.

46(2)  
Absolute liability applies to the paragraph (1)(d) element of the offence.

Note:

For absolute liability, see section 6.2 of the Criminal Code .

46(3)  
Subsection (1) does not apply if, before the escape or attempted escape, the first person:


(a) terminates his or her aid to the prisoner; and


(b) takes all reasonable steps to prevent the escape of attempted escape.

Note:

A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code ).

46(4)  
The first person may be found guilty of the offence even if the prisoner has not been prosecuted for, or has not been found guilty of, an offence in relation to the escape or attempted escape.




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