Person unlawfully at large
47B Person unlawfully at large
A person commits an offence if:
the person was in criminal detention in a prison, lock‑up or other place of criminal detention; and
the detention was lawful federal criminal detention; and
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
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.
Absolute liability applies to the paragraph (1)(b) element of the offence.
For absolute liability, see section 6.2 of the Criminal Code.
Paragraph (1)(d) does not apply if the person has a reasonable excuse.
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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