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ARTICLE · 25 MAY 2023

The criminal offence of treason: Definition, evolution and political application

In Australia, treason is an offence that applies across the nation and carries a maximum penalty of life in prison.

AustraliaCriminal Law

Treason has for hundreds of years been considered one of the most serious offences that a person can commit.

Whilst the  criminal offence of treason dates at least as far back as Roman times, the vagaries and inconsistencies in what may amount to the offence are so vast and varied that, for the purposes of this article, we shall focus on when the legislation was enacted in England in 1351.

Vagueries and application

The ancient Roman words for treason, being 'perduellio' (generally high treason) and 'maiestas' (more common form of treason with several forms of spelling), varied confusingly in both definition and consequences over time.

However, this didn't stop the English from reinstating Roman law when it suited them, as will later be explained.

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