Reprisals against witnesses
268.110 Reprisals against witnesses
A person commits an offence if the person causes or threatens to cause any detriment to another person who was a witness in a proceeding before the International Criminal Court:
because of anything done by the other person in or for the purposes of the proceeding; and
in the belief that the other person was a witness who had done that thing.
Penalty: Imprisonment for 5 years.
It is a defence to a prosecution for an offence against subsection (1) that:
the detriment to the witness was not (apart from this section) an offence; and
the witness committed perjury in the proceeding before the International Criminal Court.
A defendant bears an evidential burden in relation to the matters in subsection (2). See subsection 13.3(3).
In this section:
witness includes:
a person who attends at a proceeding before the International Criminal Court as a witness but is not called as a witness; or
an interpreter.
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