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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:



Part 1 Preliminary

1 Name of Act

This Act is the Sentencing and Corrections Reform Amendment Act 2005.

2 Commencement

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)).



Part 2 Crimes Act 1900

3 Legislation amended—pt 2

This part amends the Crimes Act 1900.

4 Offences against Act—application of Criminal Code etc

Section 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 Manslaughter

Section 15 (2)

omit

20 years

substitute

25 years

6 Intentionally inflicting grievous bodily harm

Section 19

omit

15 years

substitute

20 years

7 Recklessly inflicting grievous bodily harm

Section 20

omit

10 years

substitute

15 years

8 Wounding

Section 21

omit

5 years

substitute

15 years

9 Assault with intent to commit certain indictable offences

Section 22

omit last mention of

5 years

substitute

10 years

10 Acts endangering life etc

Section 27 (3)

omit

10 years

substitute

20 years

11 Section 27 (4)

omit

15 years

substitute

25 years

12 Acts endangering health etc

Section 28 (2)

omit

5 years

substitute

10 years

13 Culpable driving of motor vehicle

Section 29 (2)

omit

7 years

substitute

15 years

14 Section 29 (3)

omit

4 years

substitute

10 years

15 Section 29 (8) (a)

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 etc

Section 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 person

Section 37

omit

5 years

substitute

10 years

19 Neglect etc of children

Section 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 person

Table 49, item 10

omit

22 Table 49, item 11

renumber as item 10

23 Table 49, new items

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

25 Section 51 (2)

omit

20 years

substitute

life

26 Sexual assault in the second degree

Section 52 (1)

omit

14 years

substitute

20 years

27 Section 52 (2)

omit

17 years

substitute

25 years

28 Sexual assault in the third degree

Section 53 (1)

omit

12 years

substitute

15 years

29 Section 53 (2)

omit

14 years

substitute

18 years

30 Sexual intercourse without consent

Section 54 (1)

omit

12 years

substitute

15 years

31 Section 54 (2)

omit

14 years

substitute

18 years

32 Sexual intercourse with young person

Section 55 (1)

omit

17 years

substitute

20 years

33 Maintaining a sexual relationship with young person

Section 56 (5)

omit

7 years

substitute

10 years

34 Act of indecency in the first degree

Section 57

omit

15 years

substitute

20 years

35 Act of indecency in the second degree

Section 58

omit

12 years

substitute

15 years

36 Acts of indecency with young people

Section 61 (1)

omit

12 years

substitute

15 years

37 Abduction

Section 63

omit

10 years

substitute

15 years

38 Possessing child pornography

Section 65 (1), penalty

substitute

Maximum penalty: 700 penalty units, imprisonment for 7 years or both.

39 Using the Internet etc to deprave young people

Section 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 escape

Section 159

omit

5 years, a fine of $10 000

substitute

7 years, a fine of 200 penalty units

43 Escaping

Section 160

omit

5 years, a fine of $10 000

substitute

10 years, a fine of 200 penalty units

44 Accessory after the fact

Section 181 (a)

substitute

(a) if the firstmentioned offence is the crime of murder—imprisonment for life; or

45 Summary disposal of certain cases

Section 375 (1) (b)

substitute

(b) an offence punishable by imprisonment for not longer than 15 years.

46 Section 375 (2) (c)

omit

$10 000

substitute

$50 000

47 Section 375 (10)

omit

2 years nor impose a fine exceeding $5 000

substitute

5 years nor impose a fine exceeding 100 penalty units

48 Section 375 (11)

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.

50 New section 318A

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 accounting

Section 350 (1), penalty

substitute

Maximum penalty: 1 000 penalty units, imprisonment for 10 years or both.

52 False statement by officer of body

Section 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

 


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