Document ID: chunk:federal_register_of_legislation:C2013A00006:clause:1_38:p3
Version: federal_register_of_legislation:C2013A00006
Segment Type: clause
Provision Reference: sch 1 cl 38 (pt 3/4)
Character Range: 25295–28015

committing the offence, subjects the victim to cruel, inhuman or degrading treatment;
 (d) the offender, in committing the offence:
 (i) engages in conduct that gives rise to a danger of death or serious harm to the victim or another person; and
 (ii) is reckless as to that danger.
Penalty:
 (a) if this subsection applies because the victim is under 18—imprisonment for 25 years; or
 (b) in any other case—imprisonment for 20 years.
Note: For when the removal of an organ is contrary to this Subdivision, see section 271.7A.
 (2) If, on a trial for an offence against this section, the court, or if the trial is before a jury, the jury, is not satisfied that the defendant is guilty of the aggravated offence, but is satisfied that he or she is guilty of an offence against section 271.7D, it may find the defendant not guilty of the aggravated offence, but guilty of an offence against that section.
 (3) Subsection (2) only applies if the defendant has been afforded procedural fairness in relation to the finding of guilt for the offence against section 271.7D.
Note: Section 271.7D provides for offences of domestic organ trafficking.

Subdivision BB—Harbouring a victim

271.7F  Harbouring a victim
 (1) A person (the offender) commits an offence of harbouring a victim if:
 (a) the offender harbours, receives or conceals another person (the victim); and
 (b) the harbouring, receipt or concealing of the victim:
 (i) assists a third person in connection with any offence committed by the third person (the third person offence); or
 (ii) furthers a third person's purpose in relation to any offence committed by the third person (the third person offence); and
 (c) the third person offence is an offence against this Division (apart from this section) or Division 270.
Penalty: Imprisonment for 4 years.
 (2) Recklessness applies in relation to paragraph (1)(b).
 (3) Absolute liability applies in relation to paragraph (1)(c).
 (4) A person may be found guilty of an offence against subsection (1) even if the third person has not been prosecuted for, or has not been found guilty, of any other offence.

271.7G  Harbouring a victim—aggravated offence
 (1) A person (the offender) commits an aggravated offence of harbouring a victim if:
 (a) the offender commits an offence of harbouring a victim in relation to another person (the victim); and
 (b) the victim is under 18.
Penalty: Imprisonment for 7 years.
 (2) If, on a trial for an offence against this section, the trier of fact is not satisfied that the defendant is guilty of the aggravated offence, but is satisfied that the defendant is guilty of an offence against section 271.7F, it may find the defendant not guilty of the aggravated offence, but