We use the term ‘sabotage’ in everyday language, but what is sabotage in criminal law? In this blog, we will answer the question of ‘what is sabotage in criminal law’ by exploring relevant Sections under the Crimes Act 1900 (NSW).
Part 4AD – Criminal Destruction and Damage – of the Crimes Act 1900 consist of the Division on Sabotage. Division 4 on what is sabotage in criminal law includes the following Sections:
What Is Sabotage in Criminal Law: Section 203A
Section 203A provides the definition in relation to the question of ‘what is sabotage in criminal law.’ It provides definitions for terms that appear under Division 4 of Part 4AD of the Crimes Act 1900.
It states that in this Division, “economic loss” includes the disruption of government functions or the disruption of the use of public facilities.
Moreover, it also provides a definition for “public facility”. Section 203A states that a public facility includes any of the following (either privately or publicly owned): –
- a government facility, including premises used by government employees in connection with official duties,
- a public infrastructure facility, including a facility providing water, sewerage, energy or other services to the public,
- a public transport facility, including a conveyance used to transport people or goods,
- a public place, including any premises, land or water open to the public,
- a public computer system, including a computer system used for the operation of public facility, for the provision of banking services or for other services to the public.
For example, if someone damages personal property or public facility such as a university, public transport or public park etc, it will considered as sabotage. Offenders usually resort to sabotage to prevent a competitor from obtaining success, or to seek revenge from adversaries.
Section 203B: Sabotage
According to Section 203B, a person:
- whose conduct causes damage to a public facility, and
- who intended to cause that damage, and
- who intended by that conduct to cause:
- extensive destruction of property, or
- major economic loss,
is guilty of an offence. The Section also notes that the maximum penalty for such an offence is 25 years.
Section 203C: Threaten Sabotage
Section 203C states that a person who:
- makes to another person a threat to damage a public facility, and
- intends that person to fear that the threat will be carried out and will cause:
- extensive destruction of property, or
- major economic loss
is guilty of an offence. Additionally, section 203C states that maximum penalty for such an offence is 14 years.
Subsection (2) of this Section states that during the prosecution of this offence, it is not necessary to prove that the person who the offender threatened actually feared that the offender would carry out the threat.
Moreover, according to subsection (3), for the purpose of this section:
- the offender may make the threat by any conduct, and it may be explicit or implicit and conditional or unconditional; and
- a threat to a person includes a threat to a group of persons; and
- fear that the offender will carry out the threat includes apprehension that they will carry it out.
Federal Criminal Law
The Criminal Code Act (1995) consists of certain provisions in relation to ‘what is sabotage in criminal law.’ Firstly, Section 82.3 of the Criminal Code Act (1995) states that a person commits an offence if:
- the person engages in conduct; and
- the conduct results in damage to public infrastructure; and
- the person intends that the conduct will:
- prejudice Australia’s national security; or
- advantage the national security of a foreign country; and
- any of the following circumstances exist:
- the conduct is engaged in on behalf of, or in collaboration with, a foreign principal or a person acting on behalf of a foreign principal;
- the conduct is directed, funded or supervised by a foreign principal or a person acting on behalf of a foreign principal
Moreover, it states that the penalty for such offence is imprisonment for 25 years. There are other Sections under the Criminal Code Act (1995) that also deal with the offence of sabotage in Australia. To read more, click here.
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