Page 2487 - Week 06 - Thursday, 24 June 2010
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Note The fault element of recklessness can be satisfied by proof of intention, knowledge or recklessness (see s 20 (4)).
(2) A person commits an offence if the person—
(a) participates in, or intends to participate in, a criminal group; and
(b) in the course of participating in, or intending to participate in, the criminal group, intentionally makes to a law enforcement officer a threat to cause harm to the law enforcement officer while carrying out the officer’s duty; and
(c) intends the law enforcement officer to fear that the threat will be carried out.
Maximum penalty: imprisonment for 14 years.
(3) In the prosecution for an offence against subsection (2), it is not necessary to prove that the law enforcement officer threatened actually feared that the threat would be carried out.
(4) For this section, a person is taken to cause harm, or make a threat to cause harm, to a law enforcement officer while carrying out the officer’s duty, even though the officer is not on duty, if the person causes the harm, or makes the threat to cause harm—
(a) because of, or in retaliation for, previous conduct of the officer while the officer was on duty; or
(b) because the officer is a law enforcement officer.
(5) In this section:
law enforcement officer—see section 700 (Definitions—ch 7).
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