Criminal Code Act. Australia
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Название: Criminal Code Act

Автор: Australia

Издательство: Проспект

Жанр: Юриспруденция, право

Серия:

isbn: 9785392081615

isbn:

СКАЧАТЬ the UN or associated person is engaged in a UN operation that is not a UN enforcement action; and

      (d) the first-mentioned person intends to cause, or is reckless as to causing, serious harm to the UN or associated person or any other person by the conduct.

      Maximum penalty: Imprisonment for 25 years.

      Note: Section 71.23 defines UN enforcement action, UN operation and UN or associated person.

      (2) Strict liability applies to paragraphs (1)(b) and (c).

      71.4 Intentionally causing serious harm to a UN or associated person

      (1) A person is guilty of an offence if:

      (a) the person’s conduct causes serious harm to another person; and

      (b) that other person is a UN or associated person; and

      (c) the UN or associated person is engaged in a UN operation that is not a UN enforcement action; and

      (d) the first-mentioned person intends to cause serious harm to the UN or associated person or any other person by the conduct.

      Maximum penalty: Imprisonment for 20 years.

      Maximum penalty (aggravated offence): Imprisonment for 25 years.

      Note 1: Section 71.23 defines UN enforcement action, UN operation and UN or associated person.

      Note 2: Section 71.13 defines aggravated offence.

      (2) Strict liability applies to paragraphs (1)(b) and (c).

      71.5 Recklessly causing serious harm to a UN or associated person

      (1) A person is guilty of an offence if:

      (a) the person’s conduct causes serious harm to another person; and

      (b) that other person is a UN or associated person; and

      (c) the UN or associated person is engaged in a UN operation that is not a UN enforcement action; and

      (d) the first-mentioned person is reckless as to causing serious harm to the UN or associated person or any other person by the conduct.

      Maximum penalty: Imprisonment for 15 years.

      Maximum penalty (aggravated offence): Imprisonment for 19 years.

      Note 1: Section 71.23 defines UN enforcement action, UN operation and UN or associated person.

      Note 2: Section 71.13 defines aggravated offence.

      (2) Strict liability applies to paragraphs (1)(b) and (c).

      71.6 Intentionally causing harm to a UN or associated person

      (1) A person is guilty of an offence if:

      (a) the person’s conduct causes harm to another person without the consent of that person; and

      (b) that other person is a UN or associated person; and

      (c) the UN or associated person is engaged in a UN operation that is not a UN enforcement action; and

      (d) the first-mentioned person intends to cause harm to the UN or associated person or any other person by the conduct.

      Maximum penalty: Imprisonment for 10 years.

      Maximum penalty (aggravated offence): Imprisonment for 13 years.

      Note 1: Section 71.23 defines UN enforcement action, UN operation and UN or associated person.

      Note 2: Section 71.13 defines aggravated offence.

      (2) Strict liability applies to paragraphs (1)(b) and (c).

      71.7 Recklessly causing harm to a UN or associated person

      (1) A person is guilty of an offence if:

      (a) the person’s conduct causes harm to another person without the consent of that person; and

      (b) that other person is a UN or associated person; and

      (c) the UN or associated person is engaged in a UN operation that is not a UN enforcement action; and

      (d) the first-mentioned person is reckless as to causing harm to the UN or associated person or any other person by the conduct.

      Maximum penalty: Imprisonment for 7 years.

      Maximum penalty (aggravated offence): Imprisonment for 9 years.

      Note 1: Section 71.23 defines UN enforcement action, UN operation and UN or associated person.

      Note 2: Section 71.13 defines aggravated offence.

      (2) Strict liability applies to paragraphs (1)(b) and (c).

      71.8 Unlawful sexual penetration

      (1) A person is guilty of an offence if:

      (a) the person sexually penetrates another person without the consent of that person; and

      (b) that other person is a UN or associated person; and

      (c) the UN or associated person is engaged in a UN operation that is not a UN enforcement action; and

      (d) the first-mentioned person knows about, or is reckless as to, the lack of consent.

      Maximum penalty: Imprisonment for 15 years.

      Maximum penalty (aggravated offence): Imprisonment for 20 years.

      Note 1: Section 71.23 defines UN enforcement action, UN operation and UN or associated person.

      Note 2: Section 71.13 defines aggravated offence.

      (2) Strict liability applies to paragraphs (1)(b) and (c).

      (3) In this section:

      sexually penetrate means:

      (a) penetrate (to any extent) the genitalia or anus of a person by any part of the body of another person or by any object manipulated by that other person; or

      (b) penetrate (to any extent) the mouth of a person by the penis of another person; or

      (c) continue to sexually penetrate as defined in paragraph (a) or (b).

      (4) In this section, being reckless as to a lack of consent to sexual penetration includes not giving any thought to whether or not the person is consenting to sexual penetration.

      (5) In this section, the genitalia or others parts of the body of a person include СКАЧАТЬ