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6. Offences against a human being
 
  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 person, 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;
 2. That the actions of the accused materially contributed to the threat.
 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 consentual 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 person 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 person, 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;
 2. That the actions of the accused materially contributed to the threat.
 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 consentual 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 person previous convicted of violent crimes;
4-6
a) if made in relation to a police officer by a person previous convicted of violent crimes;
b) if made by an adult previously convicted of violent crimes, against a person 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 person 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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