New South Wales Consolidated Acts
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CRIMES ACT 1900 - SECT 61JA
Aggravated sexual assault in company
61JA Aggravated sexual assault in company
(1) A person:
(a) who has sexual intercourse with another person without the
consent of the other person and who knows that the other person does not
consent to the sexual intercourse, and
(b) who is in the company of another
person or persons, and
(c) who: is
liable to imprisonment for life.
(i) at the time of, or immediately before or
after, the commission of the offence, intentionally or recklessly inflicts
actual bodily harm on the alleged victim or any other person who is present or
(ii) at the time of, or immediately before or after, the
commission of the offence, threatens to inflict actual bodily harm on the
alleged victim or any other person who is present or nearby by means of an
offensive weapon or instrument, or
(iii) deprives the alleged victim of his
or her liberty for a period before or after the commission of the offence,
(2) A person sentenced to imprisonment for
life for an offence under this section is to serve that sentence for the term
of the person’s natural life.
(3) Nothing in this section affects the
operation of section 21 of the Crimes (Sentencing Procedure) Act 1999 (which
authorises the passing of a lesser sentence than imprisonment for life).
Nothing in this section affects the prerogative of mercy.
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