Section 268.20 Criminal Code Act | Crimes Against Humanity Persecution


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Section 268.20 of the Criminal Code Act 1995 (Cth) is Crimes Against Humanity Persecution and is extracted below.

If you require Expert Legal Advice from an Experienced Criminal Defence Lawyer for your Crimes Against Humanity Persecution matter, call Sydney Criminal Lawyers® today on (02) 9261 8881.

The Legislation

268.20  Crime against humanity—persecution

(1)  A person (the perpetrator) commits an offence if:

(a)  the perpetrator severely deprives one or more persons of any of the rights referred to in paragraph (b); and

(b)  the rights are those guaranteed in articles 6, 7, 8 and 9, paragraph 2 of article 14, article 18, paragraph 2 of article 20, paragraph 2 of article 23 and article 27 of the Covenant; and

(c)  the perpetrator targets the person or persons by reason of the identity of a group or collectivity or targets the group or collectivity as such; and

(d)  the grounds on which the targeting is based are political, racial, national, ethnic, cultural, religious, gender or other grounds that are recognised in paragraph 1 of article 2 of the Covenant; and

(e)  the perpetrator’s conduct is committed in connection with another act that is:

(i)  a proscribed inhumane act; or

(ii)  genocide; or

(iii)  a war crime; and

(f)  the perpetrator’s conduct is committed intentionally or knowingly as part of a widespread or systematic attack directed against a civilian population.

Penalty:  Imprisonment for 17 years.

(2)  Strict liability applies to:

(a)  the physical element of the offence referred to in paragraph (1)(a) that the rights are those referred to in paragraph (1)(b); and

(b)  paragraphs (1)(b) and (d).

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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.

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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.

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