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Aggravated Domestic Trafficking in Persons

Aggravated domestic trafficking in persons is an offence under section 271.5 of the Criminal Code Act, which carries a maximum penalty of 20 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You committed an offence of domestic trafficking in persons
  2. You intended for the victim to be exploited
  3. You subjected the victim to cruel, inhuman or degrading treatment
  4. Your conduct gave rise to the danger of death or serious harm to the victim, or to another person, and
  5. You were reckless as to that danger of death or serious harm.

You were ‘reckless’ if you were aware there was a substantial risk of death or serious harm, and it was unjustifiable to take that risk but you went ahead with your actions regardless.

Defences to the charge include:

  1. Duress
  2. Self-defence, and
  3. Necessity.

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