Section 71.13 Criminal Code Act | Aggravated Criminal Offences


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The Legislation

Section 71.13 of the Criminal Code Act 1995 (Cth) is Aggravated Criminal Offences and is extracted below.

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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.

(c)        to which the law of international armed conflict applies.