Section 45A Crimes Act | Removing Person from State for Female Genital Mutilation


Print

Section 45A of the Crimes Act 1900 is Removing Person from State for Female Genital Mutilation and is extracted below.

For expert advice and outstanding representation from Australia’s Most Awarded Criminal Defence Firm, call Sydney Criminal Lawyers® today on (02) 9261 8881 and let our experienced defence team help you.

The Legislation

Section 45A of the Crimes Act 1900 deals with the offence of ‘Removing Person from State for Female Genital Mutilation’ and reads as follows:

45A Removing Person from State for Female Genital Mutilation
(1) A person is guilty of an offence if the person takes another person from the State, or arranges for another person to be taken from the State, with the intention of having female genital mutilation performed on the other person.

Maximum penalty: imprisonment for 21 years.

(2) In proceedings for an offence under subsection (1) and in the absence of proof to the contrary, it is to be presumed that the accused took another person, or arranged for another person to be taken, from the State with the intention of female genital mutilation being performed on the other person if it is proved that:
(a) the accused took the person, or arranged for the person to be taken, from the State, and
(b) female genital mutilation was performed on the person while outside the State.

(3) It is not a defence to a charge under this section that the person taken from the State consented to being so taken.

(4) In this section:

“female genital mutilation” means an act referred to in section 45 (1) (a), the performance of which would be an offence against that section if performed in the State.

Why Sydney Criminal Lawyers®?

Being charged with removing person from State for female genital mutilation can have a detrimental impact on your life, career and your professional reputation.

But by arming yourself with the best possible defence, you can avoid these potential consequences.

At Sydney Criminal Lawyers®, our lawyers are experts in the field of criminal law.

Our unparalleled knowledge of the law, coupled with years of experience fighting some of the most difficult criminal cases puts our clients at a leading advantage when it comes to securing a positive outcome in your case.

Our lawyers will carefully examine all the evidence in order to identify any possible weaknesses with the prosecution case.

Where problems are identified, our lawyers can write to police and push to have the charges dropped before your matter reaches a defended hearing.

Alternatively, if you wish to fight the charges in court, our senior lawyers will assist you in identifying and raising any possible defences.

Our experienced advocates will fight hard to win your case by presenting any favourable evidence in a compelling manner in court and casting doubt on the prosecution case.

We offer a FREE first conference with our lawyers to help you understand your options – so give us a call now on (02) 9261 8881 and take the first step in fighting your matter.