Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 8 - OFFENCES AGAINST HUMANITY AND RELATED OFFENCES  

Division 274 - Torture  

SECTION 274.4   274.4   No defence of exceptional circumstances or superior orders  


It is not a defence in a proceeding for an offence under this Division that:


(a) the conduct constituting the offence was done out of necessity arising from the existence of a state of war, a threat of war, internal political instability, a public emergency or any other exceptional circumstance; or


(b) in engaging in the conduct constituting the offence the accused acted under orders of a superior officer or public authority;

but the circumstances referred to in paragraphs (a) and (b) may, if the accused is convicted of the offence, be taken into account in determining the proper sentence.




This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.