Australian Capital Territory Current Acts

CRIMINAL CODE 2002 - SECT 653

    (1)     A person commits an offence if the person—

        (a)     participates in, or intends to participate in, a criminal group; and

        (b)     in the course of participating in, or intending to participate in, the criminal group, engages in conduct that causes harm to someone else; and

        (c)     is reckless about causing harm to that person or another person by the conduct.

Maximum penalty: imprisonment for 10 years.

Note     The fault element of recklessness can be satisfied by proof of intention, knowledge or recklessness (see Criminal Code

, s 20 (4)).

    (2)     A person commits an offence if the person—

        (a)     participates in, or intends to participate in, a criminal group; and

        (b)     in the course of participating in, or intending to participate in, the criminal group, intentionally makes to someone else a threat to cause harm to the other person or a third person; and

        (c)     intends the other person to fear that the threat will be carried out.

Maximum penalty: imprisonment for 10 years.

    (3)     In the prosecution of an offence against subsection (2), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.

    (4)     In this section:

"threat "includes the meaning given by section 402.

Note     For further definition of threat , see the dictionary.