Sabotage Offences (ACT)

In the ACT, sabotage offences are contained in the Criminal Code 2002. These offences involve deliberately causing damage to public facilities in order to disrupt services or functions or cause economic loss. This page deals with sabotage offences in the ACT.

What is sabotage?

Under section 423 of the Criminal Code 2002, a person is guilty of sabotage if they:

• cause damage to a public facility by committing a property offence or cause an unauthorised computer function; and
• intend to cause major disruption to government functions, major disruption to the use of service by the public or major economic loss.

This is offence is not committed simply by taking part in a strike, action or lockout.

The maximum penalty for sabotage is 25 years imprisonment, a fine of 2,500 penalty units, or both.  

Threaten sabotage

Under section 424 of the Criminal Code 2002, a person is guilty of an offence if they threaten to commit sabotage. Threatening sabotage carries a maximum penalty of 15 years imprisonment, a fine of 1,500 penalty units, or both.

A person may be found guilty of this offence even if the person who was threatened did not actually fear that the threat would be carried out.

Attempted sabotage

Under section 44 of the Criminal Code 2002, a person can be found guilty of an attempted offence if they attempt to commit an offence by engaging in conduct that is not merely preparatory to the commission of the offence.

A person may be found guilty of attempting to commit sabotage even if the offence they were attempting to commit was impossible to commit, or even if the offence was actually committed.

An attempted offence carries the same maximum penalty as the offence that was attempted. In the case of attempted sabotage, the maximum penalty is 25 years imprisonment, a fine of 2, 500 penalty units, or both.

Jurisdiction

Sabotage offences are strictly indictable offences and can only be finalised in the ACT Supreme Court.  A person facing one of these charges will have to go through a committal proceeding in front of a magistrate before the matter may be transferred to the Supreme Court.

If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.