S 271.9 repealed by No 34 of 2018, s 3 and Sch 6 item 12, applicable in relation to conduct engaged in on or after 23 May 2018. S 271.9 formerly read:
SECTION 271.9 Debt bondage
-
aggravated offence
(1)
A person (the
offender
) commits an offence of aggravated debt bondage if the offender commits an offence of debt bondage in relation to another person (the
victim
) and any of the following applies:
(a)
the victim is under 18;
(b)
the offender, in committing the offence, subjects the victim to cruel, inhuman or degrading treatment;
(c)
the offender, in committing the offence:
(i)
engages in conduct that gives rise to a danger of death or serious harm to the victim or another person; and
(ii)
is reckless as to that danger.
Penalty: Imprisonment for 7 years.
(2)
If, on a trial for an offence against this section, the trier of fact is not satisfied that the defendant is guilty of the aggravated offence, but is satisfied that the defendant is guilty of an offence against section 271.8, it may find the defendant not guilty of the aggravated offence, but guilty of an offence against that section.
(3)
Subsection (2) only applies if the defendant has been afforded procedural fairness in relation to the finding of guilt for the offence against section 271.8.
Note:
Section 271.8 provides for the offence of debt bondage.
S 271.9 substituted by No 6 of 2013, s 3 and Sch 1 item 42, applicable in relation to an offence against a law of the Commonwealth committed (or alleged to have been committed) on or after 8 March 2013. S 271.9 formerly read:
SECTION 271.9 Offence of aggravated debt bondage
(1)
A person commits an offence of aggravated debt bondage if the person commits an offence of debt bondage in relation to another person (the
victim
) and the victim is under 18.
Penalty: Imprisonment for 2 years.
(2)
In order to prove an offence of aggravated debt bondage, the prosecution must prove that the defendant intended to commit, or was reckless as to committing, the offence against a person under that age.
(3)
If, on a trial for an offence against this section, the court, or if the trial is before a jury, the jury, is not satisfied that the defendant is guilty of the aggravated offence, but is satisfied that he or she is guilty of an offence against section 271.8, it may find the defendant not guilty of the aggravated offence but guilty of an offence against that section.
S 271.9 inserted by No 96 of 2005, s 3 and Sch 1 item 9, effective 3 August 2005.
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