2007

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Mr Bill Stefaniak)

2007

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Mr Bill Stefaniak)

An Act to reform the law about sentencing, and for other purposes

The Legislative Assembly for the Australian Capital Territory enacts as follows:

This Act is the Sentencing Legislation Amendment Act 2007.

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)).

This part amends the Crimes Act 1900.

20 years

25 years

26 years

30 years

15 years

20 years

20 years

25 years

10 years

15 years

13 years

16 years

5 years

10 years

7 years

13 years

5 years

10 years

10 years

20 years

15 years

25 years

5 years

10 years

7 years

15 years

9 years

17 years

4 years

10 years

5 years

10 years

5 years

10 years

5 years

10 years

Maximum penalty: 500 penalty units, imprisonment for 5 years or both.

Maximum penalty: 500 penalty units, imprisonment for 5 years or both.

17 years

25 years

20 years

life

14 years

20 years

17 years

25 years

12 years

15 years

14 years

18 years

12 years

15 years

14 years

18 years

17 years

20 years

14 years

17 years

7 years

10 years

15 years

20 years

12 years

15 years

12 years

15 years

10 years

12 years

10 years

15 years

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

5 years

7 years

10 years

12 years

Maximum penalty: 200 penalty units, imprisonment for 7 years or both.

Maximum penalty: 200 penalty units, imprisonment for 7 years or both.

Maximum penalty: 200 penalty units, imprisonment for 10 years or both.

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

$10 000

$50 000

2 years nor impose a fine exceeding $5 000

5 years nor impose a fine exceeding 100 penalty units

6 months nor impose a fine exceeding $1 000

2 years nor impose a fine exceeding 50 penalty units

This part amends the Crimes (Sentencing) Act 2005.

Note The court must also have regard to any relevant guideline judgment (see s 33A).

(1) In deciding how an offender should be sentenced (if at all), a court must have regard to any relevant guideline judgment.

(2) If a court imposes a sentence that is inconsistent with the relevant guideline judgment, the court must give written reasons for the inconsistency.

(3) This section is additional to and does not limit section 33.

(4) In this section:

guideline judgment, for an offence, means a judgment of the Court of Appeal that is expressed to contain guidelines to be taken into account by courts sentencing offenders.

(1) This section applies if a court is setting a nonparole period for an offender under section 65 or section 66 in relation to an offence for which there is a standard nonparole period.

(2) The court must set the standard nonparole period as the nonparole period for the offence unless the court considers that there are reasons for setting a nonparole period for the offence that is longer or shorter than the standard nonparole period.

(3) When setting the nonparole period for the offence, the court may have regard to any relevant aggravating circumstance mentioned in subsection (4) (other than a circumstance that is an element of the offence) and any relevant mitigating circumstance mentioned in subsection (5).

(4) Aggravating circumstances to which the court may have regard include the following:

(a) the victim is a police officer, emergency services worker, corrections officer, judicial officer, health professional, health or community worker or teacher and the offence arose because of the victim’s occupation;

(b) the offence involved actual or threatened use of violence;

(c) the offence involved actual or threatened use of a weapon;

(d) the offender has a record of previous convictions;

(e) the offence was committed in company with someone else;

(f) the offence involved gratuitous cruelty;

(g) the injury, emotional harm, loss or damage caused by the offence was substantial;

(h) the offence was motivated by hatred for or prejudice against a group of people to which the offender believed the victim belonged;

1 people of a particular religion, racial or ethnic origin

2 people who speak a particular language

3 people of a particular sexual orientation

4 people of a particular age

5 people with a disability

(i) the offence was committed without regard for public safety;

(j) the offence was committed while the offender was on bail in relation to an offence or alleged offence;

(k) the offender abused a position of trust or authority in relation to the victim;

(l) the victim was vulnerable because of age or occupation;

1 the victim was very young or old

2 the victim had a disability

3 the victim was a taxi driver, bank teller or service station attendant

(m) the offence involved multiple victims or a series of criminal acts;

(n) the offence was part of a planned or organised criminal activity.

(5) Mitigating circumstances to which the court may have regard include the following:

(a) the injury, emotional harm, loss or damage caused by the offence was not substantial;

(b) the offence was not part of a planned or organised criminal activity;

(c) the offender was provoked by the victim;

(d) the offender was acting under duress;

(e) the offender does not have any record, or any significant record, of previous convictions;

(f) the offender was otherwise a person of good character;

(g) the offender is unlikely to reoffend;

(h) the offender has good prospects of rehabilitation, whether because of age or otherwise;

(i) the offender has shown remorse for the offence by making reparation for any injury, loss or damage or in any other way;

(j) the offender was not fully aware of the consequences of his or her actions because of the offender’s age or any disability;

(k) a plea of guilty by the offender;

(l) if the offender is tried on indictment—the degree of pre-trial disclosure by the defence for the purposes of the trial;

(m) the degree to which the offender has assisted, or undertaken to assist, law enforcement authorities in the prevention, detection or investigation of, or in a proceeding in relation to, the offence concerned or any other offence.

(6) If the court sets a nonparole period that is different to the standard nonparole period for the offence, the court must state the reasons for the difference.

(7) The standard nonparole period for an offence mentioned in table 65A, column 2 is the period mentioned in column 3 of the same item.

This part amends the Criminal Code 2002.

(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 vehicle, or takes the vehicle for the purpose of driving it, without the consent of the owner or person in lawful possession of the 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 the 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 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 the Road Transport (General) Act 1999, dictionary.

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

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

This part amends the Supreme Court Act 1933.

(1) The Court of Appeal may, on its own initiative or at the request of the Attorney-General under section 37SB, give a guideline judgment to be taken into account by courts when sentencing offenders.

(2) A guideline judgment may be given separately or in any proceeding that the Court of Appeal considers appropriate.

(3) A guideline judgment may be given in a proceeding even if it is not necessary for deciding the proceeding.

(4) A guideline judgment may be reviewed, varied or revoked in a later guideline judgment.

(5) This section does not limit any power or jurisdiction that the Court of Appeal has apart from this section.

(1) The Attorney-General may request the Court of Appeal to give a guideline judgment.

(2) The request for a guideline judgment may include submissions about the proposed guidelines.

Presentation speech made in the Legislative Assembly on 2007.

Notified under the Legislation Act on 2007.

For the latest republication of amended laws, see www.legislation.act.gov.au.