A guilty plea to a charge of torture under s 320A of the Criminal Code 1899 (Qld) will be set aside where the accused's legal representatives failed to explain that the charge required proof of intentional infliction of severe pain or suffering, and the accused entered the plea under a fundamental misapprehension that she was admitting only to one particular of the alleged conduct. The offence of torture requires proof of actual, subjective intention to inflict severe pain or suffering — it is not enough that suffering was the consequence of deliberate acts.
The full text is available to signed-in members, including the 7 later cases that cite this judgment.
1 of the 7 citing cases carry a classified treatment. How each court treated it is available to signed-in members.