Increased penalty for aggravated offence
208P Increased penalty for aggravated offence
(1) The following are circumstances of aggravation for an offence committed against this Part, and a maximum penalty specified in this Part for an aggravated offence applies if a circumstance of aggravation applies to the offence:
the offence was committed during torture;
(b) the offence was committed by the use or threatened use of an offensive weapon;
(c) the offence was committed by a person in the company of another person;
(d) the offence was committed in circumstances that involved the victim being caused serious harm or being threatened with serious harm or death;
(e) the offence was committed against a child under 16 years of age, except in the case of an offence against Division 3;
(f) the offence was committed against a person in abuse of a position of trust, except in the case of an offence against Division 4 or 5;
(g) the offence was committed against a person in abuse of a position of authority, except in the case of an offence against Division 4.
(2) For subsection (1)(a), the offence was committed during torture if the person who committed it deliberately and systematically, over a period, inflicted severe pain on the person against whom it was committed.
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