What You Must Know About the Offence of Sabotage in ACT Law

What is the legal definition of sabotage?

According to the Criminal Code 2002, there are several conditions that an act must meet for it to be considered sabotage. Damaging another person’s possessions or property with the intent to cause significant disruption to their work or personal life is the main qualifier. Causing disorder to a government body or a business is also considered sabotage.

Furthermore, this offence can also be technological. Damaging or accessing computer data which is off-limits to an individual can be considered sabotage. Also, incidents of sabotage that occur outside the ACT can still form part of the charge against a person.

Property damage to an individual or to a public facility are both acts of sabotage. Power companies, universities, government infrastructures, transport systems, open parks and places of recreation are all considered public facilities capable of being sabotaged. If you wish to learn more about other offences related to damage to property, read more about property damage charges.

If an individual’s conduct contributes to another person’s loss or if it causes damage, it can be considered sabotage. Slashing car tyres, spray painting or setting fire to public property, throwing rocks and smashing windows in a building are all types of damage.

Aside from these, an individual may have committed sabotage if they prevent the flow of utilities, services, or mass communication with malicious intent. Destroying or damaging a fuel-storage depot, interfering with a city’s sewage system, and hacking government computers are all sabotage.

Note, though, participation in a strike, a protest, or a lockout does not constitute sabotage. 

It is important to seek the help of a criminal lawyer if you believe you have been wrongfully accused of sabotage.

The police must show evidence of your conduct causing damage to a public facility, and that you intended to create major disruption, economic loss, or other damages to government functions.

A defendant can make several counterarguments to these charges. One, they could show that no disruption or damage occurred. Two,they could argue that the prosecution has not proven causation—there is no relationship between the defendant’s conduct and the trouble that arose.

He could also argue that the prosecution is unable to prove intent. An action which is part of a protest, strike, or lockout is not necessarily proof of intent to harm or disrupt. If the defendant also has proper authorisation to access specific computer files or areas, they may not be guilty of sabotage.

Since this is a strictly indictable offence, sabotage cases are decided in the ACT Supreme Court. The maximum penalty for this offence in the ACT is 25 years of imprisonment, 2,500 penalty units, or both. That said, the court may also decide to hand down an Intensive Corrections Order or ICO, a Community Service Order or CSO, a suspended sentence, or a combination of any of these.

Sabotage is a severe criminal offence which has severe penalties. If a person is charged with sabotage, he should seek help from an expert in criminal law. 

Andrew Byrnes Law Group prides itself on its commitment to fearless representation and expert analysis of the legal nuance of your problem. We are local criminal lawyers in Canberra dedicated to achieving the best outcome and defence for our clients. If you have a criminal matter in Canberra, Queanbeyan, Goulburn, Yass, Wollongong or surrounds, schedule a free consultation with us today to learn more.