CTHRepealedAct
Crimes (Torture) Act 1988
11No defence of exceptional circumstances or superior orders
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#### 11 No defence of exceptional circumstances or superior orders
It is not a defence in a proceeding for an offence against this Act that:
(a) the act constituting the offence was done out of necessity arising from the existence of a state of war, a threat of war, internal political instability, a public emergency or any other exceptional circumstance; or
(b) in doing the act constituting the offence the accused acted under orders of a superior officer or public authority;
but the circumstances referred to in paragraphs (a) and (b) may, if the accused is convicted of the offence, be taken into account in determining the proper sentence.