Queensland Consolidated Acts

CRIMINAL CODE 1899 - SECT 119B

119B Retaliation against or intimidation of judicial officer, juror, witness etc.

(1) A person who, without reasonable cause, causes, or threatens to cause, any injury or detriment to a judicial officer, juror, witness or member of a community justice group, or a member of the family of a judicial officer, juror, witness or member of a community justice group, for the purpose of retaliation or intimidation because of—

(a) anything lawfully done or omitted to be done or that may be lawfully done or omitted to be done by the judicial officer as a judicial officer; or

(b) anything lawfully done or omitted to be done or that may be lawfully done or omitted to be done by the juror or witness in any judicial proceeding; or

(c) anything lawfully done or omitted to be done or that may be lawfully done or omitted to be done by any member of the community justice group a representative of which makes or may make a submission—

(i) to a court or police officer under the Bail Act 1980 about a defendant who is an Aboriginal or Torres Strait Islander person; or

(ii) to a court or police officer under the Youth Justice Act 1992 about a child who is an Aboriginal or Torres Strait Islander person; or

(iii) to a court under the Penalties and Sentences Act 1992 about an offender who is an Aboriginal or Torres Strait Islander person;

is guilty of a crime.

Penalty—

Maximum penalty—7 years imprisonment.

(1A) The offender is liable to a maximum penalty of 10 years imprisonment if the act constituting the offence is done in relation to a proceeding before a court for a prescribed offence charged with the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q .

(1B) The Penalties and Sentences Act 1992 , section 161Q also states a circumstance of aggravation for an offence against this section.

(1C) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q may not be presented without the consent of a Crown Law Officer.

(2) In this section—

"community justice group" means—

(a) for a defendant under the Bail Act 1980 —see the Bail Act 1980 , section 6 ; or

(b) for a child—see the Youth Justice Act 1992 , schedule 4 ; or

(c) for an offender under the Penalties and Sentences Act 1992 —see the Penalties and Sentences Act 1992 , section 4 .

"injury or detriment" includes intimidation.

"intimidation" includes harassment.

"prescribed offence" see the Penalties and Sentences Act 1992 , section 161N .