Actual subjective intention to inflict harm must be established when relying on the definitions of 'torture', 'cruel or inhuman treatment or punishment' or 'degrading treatment or punishment' in s 5(1) of the Migration Act; knowledge of probable consequences alone is insufficient, though it may be evidence from which intention is inferred.
The full text is available to signed-in members, including the 105 later cases that cite this judgment.
3 of the 105 citing cases carry a classified treatment. How each court treated it is available to signed-in members.