Criminal Code Act 1995
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.
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Hide history note(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:
(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(Repealed by No 37 of 2010)
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