Torture is one of the most serious violence charges in Queensland, and it does not require a physical injury. Talk to Joseph Rahim about the charge before you speak to police.
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Torture is an offence under section 320A of the Criminal Code Act 1899 (Qld).
The prosecution must prove that you intentionally inflicted severe pain or suffering on a person, by an act or a series of acts, on one occasion or more.
It includes physical, mental, psychological or emotional pain or suffering, whether it lasted only a short time or is permanent.
The intent and the severity are usually the central questions. Conduct that does not meet the test may still be charged as a different offence, such as assault occasioning bodily harm or grievous bodily harm.
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Every matter is different, but most follow this order.
You may be asked to take part in an interview. You have the right to remain silent, but you must give your name and address when asked. Get advice before you say anything else.
You are charged and given a court date, sometimes on bail with conditions. Read the conditions carefully; breaching them is an offence.
Charges usually start in the Magistrates Court. For people charged in or around Cairns, that is usually the Cairns Magistrates Court on Sheridan Street.
The matter is resolved by a plea of guilty, a hearing or trial, or the charge being withdrawn. More serious charges can be sent to a higher court.
Do not contact them directly, online or through someone else, as contact can breach bail and lead to arrest.
You must give your name and address when asked. Get advice before you say anything else.
Joseph Rahim, Principal. LLB (First Class Honours), Grad Dip LP. Member, Queensland Law Society. About Joseph
When you call Coral Coast Law, you speak with Joseph Rahim, and he handles your matter himself.
No. Severe mental, psychological or emotional pain or suffering can be enough.
Yes. It can be one act, or a series of acts on more than one occasion.
It starts in the Magistrates Court and is sent to a higher court for trial or sentence.
Yes. It is free, confidential and comes with no obligation.
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The sooner you get advice, the more can be done. Tell Joseph what has happened and find out exactly where you stand, with no cost and no pressure.
0447 028 080This page is general information about Queensland law. It is not legal advice. Every matter turns on its own facts, so speak with us about yours.
