New South Wales Consolidated Acts

CRIMES ACT 1900 - SECT 61JA

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--

(i) at the time of, or immediately before or after, the commission of the offence, intentionally or recklessly inflicts actual bodily harm on the complainant or any other person who is present or nearby, or

(ii) at the time of, or immediately before or after, the commission of the offence, threatens to inflict actual bodily harm on the complainant or any other person who is present or nearby by means of an offensive weapon or instrument, or

(iii) deprives the complainant of his or her liberty for a period before or after the commission of the offence,

is liable to imprisonment for life.

(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).

(4) Nothing in this section affects the prerogative of mercy.