s. 45 (2A) The baseline sentence for an offence against S. 45(2A) subsection (1) committed in the circumstance of inserted by No. 52/2014 aggravation described in subsection (2)(a) is s. 14. 10 years. Note See section 5A of the Sentencing Act 1991 as to baseline sentences. * * * * * S. 45(3) amended by No. 7/2010 s. 3(4), repealed by No. 74/2014 s. 5(1). (4) Consent is not a defence to a charge under S. 45(4) amended by subsection (1) unless at the time of the alleged No. 7/2010 offence the child was aged 12 or older and— s. 3(5). (a) the accused satisfies the court on the balance S. 45(4)(a) amended by of probabilities that he or she believed on No. 2/2006 reasonable grounds that the child was s. 9(1). aged 16 or older; or (b) the accused was not more than 2 years older than the child; or (c) the accused satisfies the court on the balance S. 45(4)(c) amended by of probabilities that he or she believed on No. 2/2006 reasonable grounds that he or she was s. 9(1). married to the child. (4A) If consent is relevant to a charge under S. 45(4A) inserted by subsection (1), the prosecution bears the burden of No. 2/2006 proving lack of consent. s. 9(2). (5) A circumstance of aggravation described in S. 45(5) amended by subsection (2) is not an element of an offence No. 68/2009 against subsection (1) but must be stated in the s. 97(Sch. item 40.3). indictment. (6) An accused who takes issue with a circumstance of aggravation described in subsection (2) and who wishes to have the matter determined on the
S. 45(2A) inserted by No. 52/2014 s. 14. (2A) The baseline sentence for an offence against subsection (1) committed in the circumstance of aggravation described in subsection (2)(a) is 10 years. Note See section 5A of the Sentencing Act 1991 as to baseline sentences. S. 45(3) amended by No. 7/2010 s. 3(4), repealed by No. 74/2014 s. 5(1). * * * * * S. 45(4) amended by No. 7/2010 s. 3(5). (4) Consent is not a defence to a charge under subsection (1) unless at the time of the alleged offence the child was aged 12 or older and— S. 45(4)(a) amended by No. 2/2006 s. 9(1). (a) the accused satisfies the court on the balance of probabilities that he or she believed on reasonable grounds that the child was aged 16 or older; or s. 45 (b) the accused was not more than 2 years older than the child; or S. 45(4)(c) amended by No. 2/2006 s. 9(1). (c) the accused satisfies the court on the balance of probabilities that he or she believed on reasonable grounds that he or she was married to the child. S. 45(4A) inserted by No. 2/2006 s. 9(2). (4A) If consent is relevant to a charge under subsection (1), the prosecution bears the burden of proving lack of consent. S. 45(5) amended by No. 68/2009 s. 97(Sch. item 40.3). (5) A circumstance of aggravation described in subsection (2) is not an element of an offence against subsection (1) but must be stated in the indictment. (6) An accused who takes issue with a circumstance of aggravation described in subsection (2) and who wishes to have the matter determined on the
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