Section 274.2 Criminal Code Act | Torture


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Section 274.2 of the Criminal Code Act 1995 (Cth) is Torture and is extracted below.

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

The Legislation

274.2  Torture

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

(a)    engages in conduct that inflicts severe physical or mental pain or suffering on a person (the victim); and

(b)     the conduct is engaged in:

(i)    for the purpose of obtaining from the victim or from a third person information or a confession; or

(ii)    for the purpose of punishing the victim for an act which the victim or a third person has committed or is suspected of having committed; or

(iii)    for the purpose of intimidating or coercing the victim or a third person; or

(iv)    for a purpose related to a purpose mentioned in subparagraph (i), (ii) or (iii); and

(c)    the perpetrator engages in the conduct:

(i)    in the capacity of a public official; or

(ii)    acting in an official capacity; or

(iii)    acting at the instigation, or with the consent or acquiescence, of a public official or other person acting in an official capacity.

Penalty:    Imprisonment for 20 years.

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

(a)    engages in conduct that inflicts severe physical or mental pain or suffering on a person; and

(b)     the conduct is engaged in for any reason based on discrimination of any kind; and

(c)    the perpetrator engages in the conduct:

(i)    in the capacity of a public official; or

(ii)    acting in an official capacity; or

(iii)    acting at the instigation, or with the consent or acquiescence, of a public official or other person acting in an official capacity.

Penalty:    Imprisonment for 20 years.

(3)    Absolute liability applies to paragraphs (1)(c) and (2)(c).

Note:    For absolute liability, see section 6.2.

(4)    Subsections (1) and (2) do not apply to conduct arising only from, inherent in or incidental to lawful sanctions that are not inconsistent with the Articles

of the International Covenant on Civil and Political Rights (a copy of the English text of which is set out in Schedule 2 to the Australian Human Rights

Commission Act 1986).

(5)    Section 15.4 (extended geographical jurisdiction—category D) applies to an offence against subsection (1) or (2).

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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
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