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Section 71.13 Criminal Code Act 1995
Aggravated Criminal Offences

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

If you require Expert Legal Advice from an Experienced Criminal Defence Lawyer for your Aggravated Criminal Offences matter, call Sydney Criminal Lawyers® today on
(02) 9261 8881

The Legislation

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.

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Choosing the right legal team to defend your reputation and interests can be a difficult process.

However, it is always important to look at a firm’s experience and results when making this decision.

At Sydney Criminal Lawyers®, we have extensive experience defending and winning some of the most complex criminal matters – so you can rest assured that you are in safe hands.

Our criminal law specialists will take the time in every case to carefully scrutinise all the evidence in order to identify problems with the prosecution case at an early stage in the proceedings.

Where issues are found, our lawyers will write to the prosecution asking to have the charges dropped on this basis – often sparing our clients the considerable time and expense associated with defended hearings.

However, should your matter proceed to court, our senior lawyers will represent you and present a strong defence case to maximise your chances of being found ‘not guilty.’

Our senior lawyers are highly skilled advocates who have been recognised for their expert knowledge of the criminal law, as well as their ability to obtain excellent results in difficult cases.

We can assist you in avoiding the harsh penalties imposed by the law if you simply wish to plead guilty – in these cases, our experienced advocates can prepare and present compelling sentencing submissions which focus on any positive factors of your case.

For the best defence in your case, get the experts on your side today. Call us now on
(02) 9261 8881 and book your FREE first conference
with our criminal law specialists.

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