|Suffer the little Children|
by Anthony Cox
In a world governed by Rudds and Abbotts and Hunts, in which a functional carbon pricing scheme will actually be removed and replaced with a nonsensical scheme even the creators of which know is a joke, our youth are entitled to wonder whether, in the absence of genuine political action, they should take some direct action of their own. Action to shut down the loaders and ports that export coal. Action to shut down coal-fired power plants. Actions to shut down the electricity-greedy industries we prop up, like aluminium smelting. Such action will be expensive, and damaging, and inequitable, and dangerous, but in the absence of real policies from political adults, it’s better than a status quo that will punish our youth as future taxpayers and citizens.
3 Printing or publishing writing inciting to crimes
If any person prints or publishes any writing which incites to, urges, aids, or encourages the commission of crimes or the carrying on of any operations for or by the commission of crimes, such person shall be guilty of an offence against this Act, and shall be liable to imprisonment for any term not exceeding six months or to a penalty not exceeding 1 penalty unit.
The offence of inciting another to commit a crime is established even if the communication/incitement is directed at the world at large hence, there need not be a specific or intended audience eg. banners or posts in newspapers or websites . Further, the incitement need not be acted upon for the offence to be committed – the offence is complete upon the incitement reaching the audience. The mens rea for the offence is that the offender intends that the audience or person incited will carry out the offence incited . A person may also be found guilty of inciting an offence even if committing the offence incited is impossible – see s11.4(3) Criminal Code 1995 (Cth).
As for penalties – at common law the penalty is at large. Under Commonwealth Legislation the penalty is tiered depending upon the penalty of the offence incited eg. for offences that carry life imprisonment the penalty for inciting such offences, carries 10 years imprisonment. In NSW, if an offence is dealt with under the Act - it is a summary offence with a maximum penalty of six months imprisonment (see ss 2 and 4).