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6. Offences against a Men and Women
 
  Article 53-Offences of intent to cause injury or death  
53.1 Intent to murder or cause grievous harm  
  Intent to commit murder or cause grievous harm to a man or woman, without lawful excuse, is when provable intent exists for the proposed carrying out of such an act.  
 
 Primary Fact(s)
 1. A provable threat existed at the time of the offence on the life and/or well being of the victim; and
 2. That the actions of the accused materially contributed to the threat; and
 3. That the actions of the accused were done to follow through from the threat and with the intent to cause death and/or grievous injury.
 
 
 Penalty Conditions (Level 3-Crime)
Type
Condition(s)
1-3
a) committed by an adult in an established consensual sexual relationship to their adult spouse, having no previous history of violence;
4-6
a) committed by an adult to another adult with the offender having no previous history of violence;
 
 
 Penalty Conditions (Level 4-Crime)
Type
Condition(s)
1-3
a) if made by a man or woman previous convicted of violent crimes;
4-6
a) if found to be in possession of a knife or sharp implement whilst in imprisonment;
 
 
 Penalty Conditions (Level 5-Crime)
Type
Condition(s)
1-3
a) if previously convicted of a violent offence and having broken the conditions of a restraint order and found to be in possession of items/weapons of restraint/kidnap.
4-6
a) if previously convicted of a sexual offence and found to be in possession of items/weapons of restraint/kidnap or torture
b) having solicited for the murder of one or more individuals and having made payments or promises of specific reward for such an act;
 
53.2 Threat of Murder or Infliction of Grave Injury Health  
  Threat to commit murder or cause grievous harm to a man or woman, without lawful excuse, is when a provable threat exists for the proposed carrying out of such an act.  
 
 Primary Fact(s)
 1. A provable threat existed at the time of the offence on the life and/or well being of the victim; and
 2. That the actions of the accused materially contributed to the threat; and
 3. That no actions of the accused existed at the time of the offence that showed clear intent to follow through with the threat and cause death and/or grievous injury.
 
 
 Penalty Conditions (Level 2-Crime)
Type
Condition(s)
1-3
a) committed by an adult in an established consensual sexual relationship to their adult spouse, having no previous history of violence;
4-6
a) committed by an adult to another adult with the offender having no previous history of violence;
 
 
 Penalty Conditions (Level 3-Crime)
Type
Condition(s)
1-3
a) if made by a man or woman previous convicted of violent crimes;
4-6
a) if made in relation to a police officer by a man or woman previous convicted of violent crimes;
b) if made by an adult previously convicted of violent crimes, against a man or woman under the age of 12;
 
 
 Penalty Conditions (Level 4-Crime)
Type
Condition(s)
1-3
a) if made in relation to an emergency services or medical professional in the course of their duties by a man or woman previous convicted of violent crimes;
b) if made in relation to a terrorist threat;
c) in relation to a racial or religiously motivated threat;
4-6
a) if made in connection to a witness, or jury member of a court case;
b) if made in relation to an elected member of parliament or senior official;
 
     
     
 
 

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