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Section 268.49 Criminal Code Act
International War Crime Treacherously Killing or Injuring

Section 268.49 of the Criminal Code Act 1995 (Cth) is International War Crime Treacherously Killing or Injuring and is extracted below.

If you require Expert Legal Advice from an Experienced Criminal Defence Lawyer for your International War Crime Treacherously Killing or Injuring matter, call Sydney Criminal Lawyers® today on (02) 9261 8881.

268.49  War crime—treacherously killing or injuring

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

(a)  the perpetrator invites the confidence or belief of one or more persons that the perpetrator is entitled to protection, or that the person or persons are obliged to accord protection to the perpetrator; and

(b)  the perpetrator kills the person or persons; and

(c)  the perpetrator makes use of that confidence or belief in killing the person or persons; and

(d)  the person or persons belong to an adverse party; and

(e)  the perpetrator’s conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty:  Imprisonment for life.

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

(a)  the perpetrator invites the confidence or belief of one or more persons that the perpetrator is entitled to protection, or that the person or persons are obliged to accord protection to the perpetrator; and

(b)  the perpetrator injures the person or persons; and

(c)  the perpetrator makes use of that confidence or belief in injuring the person or persons; and

(d)  the person or persons belong to an adverse party; and

(e)  the perpetrator’s conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty for a contravention of this subsection: Imprisonment for 25 years.

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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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