Criminal Code Act. Australia
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Название: Criminal Code Act

Автор: Australia

Издательство: Проспект

Жанр: Юриспруденция, право

Серия:

isbn: 9785392081615

isbn:

СКАЧАТЬ genitalia or other parts of the body of the person.

      71.9 Kidnapping a UN or associated person

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

      (a) the person takes or detains another person without his or her consent; 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 takes or detains the UN or associated person with the intention of:

      (i) holding him or her to ransom or as a hostage; or

      (ii) taking or sending him or her out of the country; or

      (iii) committing a serious offence against him or her or another person.

      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).

      (3) In this section, serious offence means an offence under a law of the Commonwealth, a State or Territory or a foreign law the maximum penalty for which is death, or imprisonment for not less than 12 months.

      71.10 Unlawful detention of UN or associated person

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

      (a) the person takes or detains another person without that other person’s consent; 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.

      Maximum penalty: Imprisonment for 5 years.

      Maximum penalty (aggravated offence): Imprisonment for 6 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).

      71.11 Intentionally causing damage to UN or associated person’s property etc.

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

      (a) the person’s conduct causes damage to official premises, private accommodation or a means of transportation (the property); and

      (b) the property is occupied or used by a UN or associated person; and

      (c) the conduct gives rise to a danger of serious harm to a person; and

      (d) that person is the UN or associated person referred to in paragraph (b); and

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

      (f) the first-mentioned person intends to cause the damage to the property; and

      (g) the first-mentioned person is reckless as to the danger to the person referred to in paragraph (c).

      Maximum penalty: Imprisonment for 10 years.

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

      (2) Strict liability applies to paragraphs (1)(b), (d) and (e).

      71.12 Threatening to commit other offences

      A person is guilty of an offence if the person:

      (a) threatens to commit an offence (the threatened offence) under any of sections 71.2 to 71.11; and

      (b) intends to compel any other person to do or omit to do an act by making the threat.

      Maximum penalty:

      (a) if the threatened offence is the offence under section 71.2 (murder of a UN or associated person) — imprisonment for 10 years; or

      (b) if the threatened offence is the offence under section 71.3, 71.4, 71.5, 71.8 or 71.9 (manslaughter of, causing serious harm to, kidnapping, or sexually penetrating, a UN or associated person) — imprisonment for 7 years; or

      (c) if the threatened offence is the offence under section 71.6 or 71.11 (causing harm to, or damaging the property etc. of, a UN or associated person) — imprisonment for 5 years; or

      (d) if the threatened offence is the offence under section 71.7 or 71.10 (recklessly causing harm to, or unlawful detention of, a UN or associated person) — imprisonment for 3 years.

      Note: Section 71.23 defines UN or associated person.

      71.13 Aggravated offences

      (1) For the purposes of this Division, an offence against section 71.4, 71.5, 71.6, 71.7, 71.8, 71.9 or 71.10 is an aggravated offence if:

      (a) the offence was committed during the deliberate and systematic infliction of severe pain over a period of time; or

      (b) the offence was committed by the use or threatened use of an offensive weapon; or

      (c) the offence was committed against a person in an abuse of authority.

      (2) If the prosecution intends to prove an aggravated offence, the charge must allege the relevant aggravated offence.

      (3) In order to prove an aggravated offence, the prosecution must prove that the defendant intended to commit, or was reckless as to committing, the matters referred to in paragraph (1)(a), (b) or (c).

      (4) In this section:

      offensive weapon includes:

      (a) an article made or adapted for use for causing injury to, or incapacitating, a person; or

      (b) an article where the person who has the article intends, or threatens to use, the article to cause injury to, or to incapacitate, another person.

      71.14 Defence — activities involving serious harm

      A person is not criminally responsible for an offence against section 71.4 or 71.5 if the conduct causing serious harm to another person is engaged in by the first-mentioned person:

      (a) for the purpose of benefiting the other person or in pursuance of a socially acceptable function or activity; and

      (b) СКАЧАТЬ