Commonwealth Consolidated Acts

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Person unlawfully at large

             (1)  A person commits an offence if:

                     (a)  the person was in criminal detention in a prison, lock-up or other place of criminal detention; and

                     (b)  the detention was lawful federal criminal detention; and

                     (c)  in accordance with a permission given under a law of a State or Territory (other than the Australian Capital Territory), the person leaves the prison, lock-up or other place; and

                     (d)  the person refuses, or fails, to return to the prison, lock-up or other place in accordance with that permission.

Penalty:  Imprisonment for 5 years.

             (2)  Absolute liability applies to the paragraph (1)(b) element of the offence.

Note:          For absolute liability, see section 6.2 of the Criminal Code .

             (3)  Paragraph (1)(d) does not apply if the person has a reasonable excuse.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code ).

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