How long can I be imprisoned for a federal crime?
Here's the answer to your question, broken down into plain English and a more detailed explanation.
In Plain English
The length of imprisonment for a federal crime in Australia depends entirely on the specific offense. Some offences may not carry imprisonment at all, while others can lead to imprisonment for a specific number of years, or even life.
Detailed Explanation
The context provided does not contain a comprehensive list of all federal offences and their corresponding penalties. To determine the potential imprisonment term for a specific federal crime, you would need to consult:
- The specific legislation that defines the offence. For example, offences related to food contamination are found in the Criminal Code Act 1995 as amended by the Criminal Code Amendment (Food Contamination) Act 2018.
- Sentencing principles outlined in the Crimes Legislation Amendment Act (No. 2) 1989 and the Crimes Act 1914, which guide courts in determining appropriate sentences.
Here are some general principles and examples from the provided context:
- No Corporal Punishment: Crimes Legislation Amendment Act (No. 2) 1989 states that a court cannot impose corporal punishment for a federal offence.
- Financial Circumstances for Fines: If a fine is imposed, the court must consider the person's financial circumstances (Crimes Legislation Amendment Act (No. 2) 1989).
- Sentencing Considerations: When determining a sentence, a court must consider the severity appropriate to the offence, taking into account factors like the nature of the offence, the offender's contrition, and potential for rehabilitation (Crimes Legislation Amendment Act (No. 2) 1989).
- Non-Parole Period: If a sentence of imprisonment exceeds 3 years, the court must generally fix a non-parole period (Crimes Legislation Amendment Act (No. 2) 1989). The court must explain the purpose and consequences of the non-parole period to the person (Crimes Act 1914).
- Restriction on Imprisonment: A court should only impose imprisonment if it is satisfied that no other sentence is appropriate (Crimes Act 1914).
- Examples of Specific Offences and Penalties:
- Threatening to contaminate goods with intent to cause public alarm can result in imprisonment for 15 years (Criminal Code Act 1995 as amended by the Criminal Code Amendment (Food Contamination) Act 2018).
- Sabotage offences that prejudice Australia's national security can attract imprisonment for up to 20 years (Criminal Code Act 1995).
- Certain offences related to dealing with proceeds of crime involving $10,000,000 or more can attract imprisonment for life (Crimes Legislation Amendment (Economic Disruption) Act 2021).
- Arranging a supply of DSGL goods that are listed in Part 2 of the Defence and Strategic Goods List and the supply is, or is to be, from a place outside Australia to another place outside Australia can attract imprisonment for 10 years (Defence Trade Controls Act 2012).
- Aiding the enemy while captured can attract imprisonment for life (Defence Force Discipline Act 1982).
- Providing or receiving training that is connected with preparation for, the engagement of an entity in, or assistance in a state terrorist act can attract imprisonment for 25 years (Criminal Code Amendment (State Sponsors of Terrorism) Act 2025).
- Disclosing information in a federal criminal proceeding that is likely to prejudice national security can attract imprisonment for 2 years (National Security Information (Criminal and Civil Proceedings) Act 2004).