Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 4 - THE INTEGRITY AND SECURITY OF THE INTERNATIONAL COMMUNITY AND FOREIGN GOVERNMENTS  

Division 71 - Offences against United Nations and associated personnel  

SECTION 71.13   Aggravated offences  

(1)  
For the purposes of this Division, an offence against section 71.4 , 71.5 , 71.6 , 71.7 , 71.8 , 71.9 or 71.10 is an aggravated offence if:


(a) the offence was committed during the deliberate and systematic infliction of severe pain over a period of time; or


(b) the offence was committed by the use or threatened use of an offensive weapon; or


(c) the offence was committed against a person in an abuse of authority.

(2)  
If the prosecution intends to prove an aggravated offence, the charge must allege the relevant aggravated offence.

(3)  
In order to prove an aggravated offence, the prosecution must prove that the defendant intended to commit, or was reckless as to committing, the matters referred to in paragraph (1)(a) , (b) or (c).

(4)  


In this section:

offensive weapon
includes:


(a) an article made or adapted for use for causing injury to, or incapacitating, a person; or


(b) an article where the person who has the article intends, or threatens to use, the article to cause injury to, or to incapacitate, another person.

torture
(Repealed by No 37 of 2010)




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