Powers of the court to impose higher sentences for aggravated

(1) Notwithstanding the penalty prescribed under sections 11, 12, 13 and 18, where a person is convicted under any of those sections and there is the presence of any of the following aggravating circumstances, beingcircumstances. (a) the convicted person used, threatened to use, or caused another to use or threaten to use, a dangerous weapon; (b) the trafficked person suffered a serious bodily injury, or permanent or life-threatening injury; (c) the convicted person caused the trafficked person, in the course of the trafficking or subsequent exploitation, to be exposed to a life-threatening illness become addicted to any drug or other substance; (d) the convicted person caused or facilitated a sexual assault to be committed against the trafficked person; 24 (e) the convicted person organized or directed an organized criminal group of which the trafficking was part of its activities; or (f) the trafficking occurred as the result of abuse of power or authority or abuse of a position of vulnerability, including abuse by a parent or guardian, teacher, the leader of any children’s club or other group, or any other person who had been entrusted with the care of supervision of a child, the court may impose an additional term of imprisonment of up to twenty-five years. (2) In this section“dangerous weapon” means– (a) an instrument capable of inflicting death or serious bodily injury; or (b) an object that is not an instrument capable of inflicting death or serious bodily injury, but closely resembles such an instrument, or is used in such a way that it creates the impression that the object is an instrument capable of inflicting death or serious bodily injury; “life-threatening illness” means any illness that involves a substantial risk of death, and includes Human Immuno Deficiency Virus Infection (HIV/AIDS) and tuberculosis; “permanent or life-threatening injury” meansTrafficking In Persons (Prohibition) [CAP. 108:01 25 (a) an injury involving a substantial risk of death, loss or substantial impairment of the function of a bodily member, organ or sense that is likely to be permanent; or (b) a disfigurement that is likely to be permanent; or (c) maltreatment to a life-threatening degree or proportion, such as denial of food or medical care or drugs that results in substantial impairment of function of the body or mind; “serious bodily injury” means– (a) an injury involving extreme physical pain or the protracted impairment of a function of a bodily member, organ or sense; or (b) an injury requiring medical intervention such as surgery, hospitalization or physical rehabilitation; and “sexual assault” means– (a) the engagement of another person in a sexual act by a person– (i) using force against that other person; (ii) threatening or placing that person in fear that any person will be subjected to death, serious bodily injury, or kidnapping; or (b) the engagement by a person in a sexual act with26 (i) an incapacitated person; or (ii) a person who cannot express consent. (3) Notwithstanding the penalty prescribed under sections 11, 12 or 13, where a person is convicted of an offence under any of those sections and that person engaged in sexual intercourse with a child, the court may impose a sentence of life imprisonment.