Document ID: chunk:federal_register_of_legislation:C2016A00097:clause:1_9
Version: federal_register_of_legislation:C2016A00097
Segment Type: clause
Provision Reference: sch 1 cl 9
Character Range: 5028–5735

9  After subsection 268.71(1) of the Criminal Code
Insert:
 (1A) Subsection (1) does not apply if:
 (a) the death of the person or persons occurs in the course of, or as a result of, an attack on a military objective; and
 (b) at the time the attack was launched:
 (i) the perpetrator did not expect that the attack would result in the incidental death of, or injury to, civilians that would have been excessive in relation to the concrete and direct military advantage anticipated; and
 (ii) it was reasonable in all the circumstances that the perpetrator did not have such an expectation.
Note: A defendant bears an evidential burden in relation to the matter in subsection (1A). See subsection 13.3(3).