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6. Offences
against a human being
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Article 53-Offences
of intent to cause injury or death
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| 53.1 |
Intent to murder or cause grievous harm |
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Intent to commit murder or cause grievous harm to a person, without lawful excuse, is when provable intent exists for the proposed carrying out of such an act. |
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Primary Fact(s) |
| 1. A provable threat existed at the time of the offence on the life and/or well being of the victim; |
| 2. That the actions of the accused materially contributed to the threat. |
| 3. That the actions of the accused were done to follow through from the threat and with the intent to cause death and/or grievous injury. |
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Penalty Conditions (Level 3-Crime) |
Type |
Condition(s) |
1-3 |
a) committed by an adult in an established consentual sexual relationship to their adult spouse, having no previous history of violence; |
4-6 |
a) committed by an adult to another adult with the offender having no previous history of violence; |
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Penalty Conditions (Level 4-Crime) |
Type |
Condition(s) |
1-3 |
a) if made by a person previous convicted of violent crimes; |
4-6 |
a) if found to be in possession of a knife or sharp implement whilst in imprisonment; |
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Penalty Conditions (Level 5-Crime) |
Type |
Condition(s) |
1-3 |
a) if previously convicted of a violent offence and having broken the conditions of a restraint order and found to be in possession of items/weapons of restraint/kidnap. |
4-6 |
a) if previously convicted of a sexual offence and found to be in possession of items/weapons of restraint/kidnap or torture
b) having solicited for the murder of one or more individuals and having made payments or promises of specific reward for such an act; |
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| 53.2 |
Threat of Murder or Infliction of Grave Injury Health |
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Threat to commit murder or cause grievous harm to a person, without lawful excuse, is when a provable threat exists for the proposed carrying out of such an act. |
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Primary Fact(s) |
| 1. A provable threat existed at the time of the offence on the life and/or well being of the victim; |
| 2. That the actions of the accused materially contributed to the threat. |
| 3. That no actions of the accused existed at the time of the offence that showed clear intent to follow through with the threat and cause death and/or grievous injury. |
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Penalty Conditions (Level 2-Crime) |
Type |
Condition(s) |
1-3 |
a) committed by an adult in an established consentual sexual relationship to their adult spouse, having no previous history of violence; |
4-6 |
a) committed by an adult to another adult with the offender having no previous history of violence; |
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Penalty Conditions (Level 3-Crime) |
Type |
Condition(s) |
1-3 |
a) if made by a person previous convicted of violent crimes; |
4-6 |
a) if made in relation to a police officer by a person previous convicted of violent crimes;
b) if made by an adult previously convicted of violent crimes, against a person under the age of 12; |
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Penalty Conditions (Level 4-Crime) |
Type |
Condition(s) |
1-3 |
a) if made in relation to an emergency services or medical professional in the course of their duties by a person previous convicted of violent crimes;
b) if made in relation to a terrorist threat;
c) in relation to a racial or religiously motivated threat; |
4-6 |
a) if made in connection to a witness, or jury member of a court case;
b) if made in relation to an elected member of parliament or senior official; |
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