Aggravated offence for religious officials or other spiritual leaders etc
80.2DA Aggravated offence for religious officials or other spiritual leaders etc
A person commits an offence if:
the person commits an offence against subsection 80.2A(1), 80.2B(1), 80.2BA(1), 80.2BB(1), 80.2BC(1), 80.2BD(1) or 80.2BE(1) (the underlying offence); and
the conduct is engaged in by the person in the person’s capacity as:
a religious official; or
a spiritual leader; or
another leader (however described) of a group, who provides religious instruction or pastoral care (whether religious or secular).
Penalty: Imprisonment for 12 years.
A person commits an offence if:
the person commits an offence against subsection 80.2A(2), 80.2B(2), 80.2BA(2), 80.2BB(2), 80.2BC(2), 80.2BD(2) or 80.2BE(2) (the underlying offence); and
the conduct is engaged in by the person in the person’s capacity as:
a religious official; or
a spiritual leader; or
another leader (however described) of a group, who provides religious instruction or pastoral care (whether religious or secular).
Penalty: Imprisonment for 10 years.
There is no fault element for the physical element of conduct described in paragraph (1)(a) or (2)(a) other than the fault elements (however described), if any, for the underlying offence.
To avoid doubt:
a person does not commit an underlying offence for the purposes of paragraph (1)(a) or (2)(a) if the person has a defence to the underlying offence; and
a person may be convicted of an offence against subsection (1) or (2) even if the person has not been convicted of the underlying offence.
Double jeopardy for an aggravated offence
To avoid doubt, if a person has been acquitted or convicted of an underlying offence, the person cannot be convicted of the corresponding aggravated offence for the same conduct.
Definitions
In this section:
religious official includes a person who performs religious functions (including a person who leads worship or provides religious instruction), whether or not the person has been appointed (formally or informally) to an official role in a religious institution.
spiritual leader includes a person who performs religious functions (including a person who leads worship or provides religious instruction), whether or not the person has been appointed (formally or informally) as a spiritual leader.
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