Australian Capital Territory Bills
[Index]
[Search]
[Download]
[Related Items]
[Help]
This is a Bill, not an Act. For current law, see the Acts databases.
SENTENCING AND CORRECTIONS REFORM AMENDMENT BILL 2005
2005
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Mr Bill Stefaniak)
Sentencing
and Corrections Reform Amendment Bill 2005
Contents
Page
2005
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Mr Bill Stefaniak)
Sentencing and
Corrections Reform Amendment Bill 2005
A Bill for
An Act to reform the law about sentencing and corrections, and for other
purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Sentencing and Corrections Reform Amendment
Act 2005.
This Act commences on the day after its notification day.
Note The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
3 Legislation
amended—pt 2
This part amends the Crimes Act 1900.
4 Offences
against Act—application of Criminal Code
etcSection 7A, note 1
insert
• s 35A (Assault, stalking etc of police officer)
• s 35B (Obtaining personal information about police
officer)
• s 35C (Stalking etc person associated with police
officer)
5 ManslaughterSection
15 (2)
omit
20 years
substitute
25 years
6 Intentionally
inflicting grievous bodily harmSection
19
omit
15 years
substitute
20 years
7 Recklessly
inflicting grievous bodily harmSection
20
omit
10 years
substitute
15 years
omit
5 years
substitute
15 years
9 Assault
with intent to commit certain indictable
offencesSection 22
omit last mention of
5 years
substitute
10 years
10 Acts
endangering life etcSection 27
(3)
omit
10 years
substitute
20 years
omit
15 years
substitute
25 years
12 Acts
endangering health etcSection 28
(2)
omit
5 years
substitute
10 years
13 Culpable
driving of motor vehicleSection 29
(2)
omit
7 years
substitute
15 years
omit
4 years
substitute
10 years
substitute
(a) the liability of a person to be convicted of murder or manslaughter or
any other offence; or
16 Possession
of object with intent to kill etcSection
33
omit
5 years
substitute
10 years
17 New
sections 35A to 35C
insert
35A Assault, stalking etc of police
officer
(1) A person commits an offence if—
(a) the person assaults or stalks, harasses or intimidates another person;
and
(b) the other person is a police officer acting in the course of the
officer’s duty.
Maximum penalty: imprisonment for 7 years.
(2) A person commits an offence if—
(a) the person assaults another person, and by the assault occasions
actual bodily harm; and
(b) the other person is a police officer acting in the course of the
officer’s duty.
Maximum penalty: imprisonment for 7 years.
(3) A person commits an offence if—
(a) either—
(i) the person wounds another person; or
(ii) the person assaults another person, and by the assault occasions
grievous bodily harm; and
(b) the other person is a police officer acting in the course of the
officer’s duty.
Maximum penalty: imprisonment for 20 years.
(4) Strict liability applies to subsections (1) (b), (2) (b) and (3)
(b).
(5) For this section, an action is taken to be done to a police officer
acting in the course of the officer’s duty, even if the officer is not on
duty at the time, if it is carried out—
(a) as a consequence of, or in retaliation for, something done by the
officer in the course of the officer’s duty; or
(b) because the officer is a police officer.
(6) In a prosecution for an offence against subsection (1) in relation to
the stalking, harassing or intimidating of a police officer, it is not necessary
to prove that the officer apprehended or feared harm or was harassed.
(7) In this section:
police officer means a member of any Commonwealth, State or
Territory police force or service.
stalk—see section 35 (2).
35B Obtaining personal information about police
officer
(1) A person commits an offence if—
(a) the person obtains personal information about a police
officer—
(i) as a consequence of, or in retaliation for, something done by the
officer in the course of the officer’s duty; or
(ii) because the officer is a police officer; and
(b) the person intends to use the information, or allow its use, to
assault, stalk, harass or otherwise harm the officer.
Maximum penalty: imprisonment for 2 years.
(2) In this section:
harm—see section 35 (6).
police officer means a member of any Commonwealth, State or
Territory police force or service.
stalk—see section 35 (2).
35C Stalking etc person associated with police
officer
(1) A person commits an offence if—
(a) the person stalks someone (the person
stalked) who is or has been personally associated with a police
officer; and
(b) the person intends to cause the person stalked harm or apprehension or
fear of harm; and
(c) the stalking is—
(i) as a consequence of, or in retaliation for, something done by the
officer in the course of the officer’s duty; or
(ii) because the officer is a police officer.
Maximum penalty: imprisonment for 7 years.
(2) A person commits an offence if—
(a) the person obtains personal information about someone who is or has
been personally associated with a police officer; and
(b) the person obtains the information—
(i) because the officer is a police officer; and
(ii) the person intends to use the information, or allow its use, to cause
the officer to fear personal harm or harm to a person who is or has been
personally associated with the officer.
Maximum penalty: imprisonment for 2 years.
(3) Without limiting subsection (1), a person is taken to have the intent
mentioned in the subsection if the person knows that, or is reckless about
whether, stalking the other person would be likely to cause apprehension or fear
of harm in the person stalked.
(4) In a prosecution for an offence against subsection (1), it is not
necessary to prove that the person stalked apprehended or feared harm.
(5) In this section:
domestic relationship—see the Domestic Relationships
Act 1994, section 3 (1).
harm—see section 35 (6).
member of the family, of a police officer, means a parent,
step-parent, parent-in-law, grandparent, child, stepchild, grandchild,
son-in-law, daughter-in-law, brother, sister, half-brother, half-sister,
brother-in-law, sister-in-law, uncle, aunt, nephew, niece or cousin of the
officer or of a person married to, or in a domestic relationship with, the
officer.
personally associated—a person is personally
associated with a police officer if the person—
(a) is married to or in a domestic relationship with the officer;
or
(b) has an intimate relationship with the officer, whether or not of a
sexual nature; or
(c) is living in the same household or residential facility as the
officer; or
(d) is in a relationship with the officer that involves dependence or
ongoing paid or unpaid care; or
(e) is a member of the family of the officer.
police officer means a member of any Commonwealth, State or
Territory police force or service.
stalk—see section 35 (2).
18 Abduction
of young personSection
37
omit
5 years
substitute
10 years
19 Neglect
etc of childrenSection 39 (1), penalty
substitute
Maximum penalty: 500 penalty units, imprisonment for 5 years or
both.
20 Section
39 (3), penalty
substitute
Maximum penalty: 500 penalty units, imprisonment for 5 years or
both.
21 Alternative
verdicts for certain offences against the
personTable 49, item
10
omit
renumber as item 10
insert
11
|
section 35A (1) (a) (Assault, stalking etc of police officer) if the
offence charged is assault
|
section 26
|
12
|
section 35A (1) (a) if the offence charged is stalking
|
section 35
|
13
|
section 35A (2)
|
(a) section 23
(b) section 24
(c) section 26
|
14
|
section 35A (3) (a) (i)
|
section 21
|
15
|
section 35A (3) (a) (ii)
|
(a) section 20
(b) section 21
(c) section 23
(d) section
24
(e) section 25
(f) section 26
|
24 Sexual
assault in the first degree Section 51
(1)
omit
17 years
substitute
25 years
omit
20 years
substitute
life
26 Sexual
assault in the second degreeSection 52
(1)
omit
14 years
substitute
20 years
omit
17 years
substitute
25 years
28 Sexual
assault in the third degreeSection 53
(1)
omit
12 years
substitute
15 years
omit
14 years
substitute
18 years
30 Sexual
intercourse without consentSection 54
(1)
omit
12 years
substitute
15 years
omit
14 years
substitute
18 years
32 Sexual
intercourse with young personSection 55
(1)
omit
17 years
substitute
20 years
33 Maintaining
a sexual relationship with young
personSection 56 (5)
omit
7 years
substitute
10 years
34 Act
of indecency in the first degreeSection
57
omit
15 years
substitute
20 years
35 Act
of indecency in the second degreeSection
58
omit
12 years
substitute
15 years
36 Acts
of indecency with young peopleSection 61
(1)
omit
12 years
substitute
15 years
omit
10 years
substitute
15 years
38 Possessing
child pornographySection 65 (1),
penalty
substitute
Maximum penalty: 700 penalty units, imprisonment for 7 years or
both.
39 Using
the Internet etc to deprave young
peopleSection 66 (1), penalty, paragraph
(a)
omit
5 years
substitute
7 years
40 Section
66 (1), penalty, paragraph (b)
omit
10 years
substitute
12 years
41 Section
66 (2), penalty
substitute
Maximum penalty: 200 penalty units, imprisonment for 7 years or
both.
42 Aiding
prisoner to escapeSection
159
omit
5 years, a fine of $10 000
substitute
7 years, a fine of 200 penalty units
omit
5 years, a fine of $10 000
substitute
10 years, a fine of 200 penalty units
44 Accessory
after the factSection 181
(a)
substitute
(a) if the firstmentioned offence is the crime of
murder—imprisonment for life; or
45 Summary
disposal of certain casesSection 375 (1)
(b)
substitute
(b) an offence punishable by imprisonment for not longer than
15 years.
omit
$10 000
substitute
$50 000
omit
2 years nor impose a fine exceeding $5 000
substitute
5 years nor impose a fine exceeding 100 penalty units
omit
6 months nor impose a fine exceeding $1 000
substitute
2 years nor impose a fine exceeding 50 penalty units
Part
3 Criminal Code
2002
49 Legislation
amended—pt 3
This part amends the Criminal Code 2002.
insert
318A Carjacking
(1) A person commits an offence if the person—
(a) assaults someone else with intent to take a motor vehicle;
and
(b) takes and drives the motor vehicle, or takes the motor vehicle for the
purpose of driving it, without the consent of the owner or person in lawful
possession of the motor vehicle.
Maximum penalty: imprisonment for 10 years.
(2) A person commits an offence if the person—
(a) takes and drives a motor vehicle, or takes a motor vehicle for the
purpose of driving it, without the consent of the owner or person in lawful
possession of the motor vehicle; and
(b) someone else is in or on the motor vehicle.
Maximum penalty: imprisonment for 10 years.
(3) A person commits an offence against this subsection if the person
commits an offence against subsection (1) or (2) in circumstances of
aggravation.
Maximum penalty: imprisonment for 14 years.
(4) For subsection (3), a person commits an offence in circumstances
of aggravation if—
(a) the person is in company with someone else; or
(b) the person is armed with an offensive weapon or instrument;
or
(c) the person inflicts actual bodily harm on someone else.
(5) In this section:
motor vehicle—see Road Transport (General) Act
1999, dictionary.
51 False
accountingSection 350 (1),
penalty
substitute
Maximum penalty: 1 000 penalty units, imprisonment for 10 years or
both.
52 False
statement by officer of bodySection 351
(1), penalty
substitute
Maximum penalty: 1 000 penalty units, imprisonment for 10 years or
both.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2005.
2 Notification
Notified under the Legislation Act on 2005.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2005
[Index]
[Search]
[Download]
[Related Items]
[Help]