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This is a Bill, not an Act. For current law, see the Acts databases.
SENTENCING REFORM AMENDMENT BILL 2003
2003
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Mr Bill Stefaniak)
Sentencing
Reform Amendment Bill 2003
Contents
Page
2003
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Mr Bill Stefaniak)
Sentencing Reform
Amendment Bill 2003
A Bill for
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 Reform Amendment Act 2003.
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 Supreme Court Act
1933
This part amends the Supreme Court Act 1933.
4 New
sections 37SA and 37SB
in part 2A, insert
37SA Guideline judgments
(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.
37SB Attorney-General may request guideline
judgment
(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.
This part amends the Crimes Act 1900.
6 Offences
against Act—application of Criminal Code
etcSection 7A, note 1
insert
• s 28A (Setting trap etc)
• 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)
• s 111A (Carjacking)
7 ManslaughterSection
15 (2)
omit
20 years
substitute
25 years
8 Intentionally
inflicting grievous bodily harmSection
19
omit
15 years
substitute
20 years
9 Recklessly
inflicting grievous bodily harmSection
20
omit
10 years
substitute
15 years
omit
5 years
substitute
15 years
11 Assault
with intent to commit certain indictable
offencesSection 22
omit last mention of
5 years
substitute
10 years
12 Acts
endangering life etcSection 27 (3)
(f)
omit
omit
10 years
substitute
20 years
renumber paragraphs when Act next republished under Legislation Act
2001
omit
15 years
substitute
25 years
16 Acts
endangering health etcSection 28 (2)
(c)
omit
renumber paragraphs when Act next republished under Legislation Act
2001
omit
5 years
substitute
20 years
insert
28A Setting trap etc
(1) A person commits an offence if the person, with intent to kill or
inflict grievous bodily harm on a person—
(a) places or sets a trap, device or thing capable of killing a person or
inflicting grievous bodily harm on a person; or
(b) knowingly permits any trap, device or thing to continue to be placed
or set.
Maximum penalty: imprisonment for 10 years.
(2) This section does not apply in relation to a trap, device or thing
placed or set in a dwelling for the protection of the dwelling.
20 Culpable
driving of motor vehicleSection 29
(2)
omit
7 years
substitute
14 years
omit
4 years
substitute
11 years
22 Possession
of object with intent to kill etcSection
33
omit
5 years
substitute
10 years
23 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 5 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) For this section:
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) For this section:
harm—see section 35 (6).
police officer means a member of any Commonwealth, State or
Territory police force or service.
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 5 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—
(iii) as a consequence of, or in retaliation for, something done by the
officer in the course of the officer’s duty; or
(iv) because the officer is a police officer; and
(c) 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) For this section, 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 officer’s family.
(6) For 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.
police officer means a member of any Commonwealth, State or
Territory police force or service.
stalk—see section 35 (2).
24 Abduction
of young personSection
37
omit
5 years
substitute
10 years
25 Neglect
etc of childrenSection 39 (1),
penalty
omit
2 years
substitute
5 years
26 Section
39 (3), penalty
omit
1 year
substitute
5 years
27 Alternative
verdicts for certain offences against the
personSection 49, table, item
10
omit
28 Section
49, table, item 11
renumber as item 10
insert
11
|
section 35A (1) (a) (Assault, stalking etc of police officer) if the
offence charged is an 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
|
30 Sexual
assault in the first degree Section 51
(1)
omit
17 years
substitute
25 years
omit
20 years
substitute
life
32 Sexual
assault in the second degreeSection 52
(1)
omit
14 years
substitute
20 years
omit
17 years
substitute
25 years
34 Sexual
assault in the third degreeSection 53
(1)
omit
12 years
substitute
15 years
omit
14 years
substitute
18 years
36 Sexual
intercourse without consentSection 54
(1)
omit
12 years
substitute
15 years
omit
14 years
substitute
18 years
38 Sexual
intercourse with young personSection 55
(1)
omit
17 years
substitute
20 years
39 Maintaining
a sexual relationship with young
personSection 56 (5)
omit
7 years
substitute
10 years
40 Act
of indecency in the first degreeSection
57
omit
15 years
substitute
20 years
41 Act
of indecency in the second degreeSection
58
omit
12 years
substitute
15 years
42 Act
of indecency without consentSection 60
(1)
omit
5 years
substitute
10 years
omit
7 years
substitute
15 years
44 Acts
of indecency with young peopleSection 61
(1)
omit
12 years
substitute
15 years
45 Incest
and similar offencesSection 62
(4)
omit
renumber subsections when Act next republished under Legislation Act
2001
omit
10 years
substitute
14 years
48 Employment
of young people for pornographic
purposesSection 64 (1)
omit
10 years
substitute
14 years
49 Possession
of child pornographySection 65
(1)
omit
5 years
substitute
7 years
50 Using
the Internet etc to deprave young
peopleSection 66 (1), penalty, paragraph
(a)
omit
5 years
substitute
7 years
51 Section
66 (1), penalty, paragraph (b)
omit
10 years
substitute
12 years
52 Section
66 (2), penalty
omit
100 penalty units, imprisonment for 5 years
substitute
200 penalty units, imprisonment for 7 years
omit
54 Making
off without paymentSection 98
(2)
omit
omit
Subsections (1) and (2) do
substitute
This section does
renumber subsections when Act next republished under Legislation Act
2001
57 False
accounting Section 100
(1)
omit
7 years
substitute
10 years
58 False
statements by officers of
associationsSection 102
(1)
omit
7 years
substitute
10 years
59 Suppression
etc of documentsSection 103
(1)
omit
7 years
substitute
10 years
insert
111A 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.
61 Aiding
prisoner to escapeSection
159
omit
5 years, a fine of $10 000
substitute
7 years, 200 penalty units
omit
5 years, a fine of $10 000
substitute
10 years, 200 penalty units
omit everything before paragraph (a), substitute
341 Purposes to which court to have
regard
In deciding a sentence to be imposed, the court must have regard to the
following purposes:
omit
or
omit last mention of
or
66 Section
341 (c) and (d)
omit
or
67 Section
341 (e) and (f)
substitute
(e) to protect the community from the offender.
68 Matters
to which court to have regardSection 342
(1)
omit everything before paragraph (a), substitute
(1) In deciding the sentence to be imposed on a person, a court must have
regard to any of the following matters that are relevant and known to the
court:
omit
cultural background,
70 Section
342 (1) (j) and (m)
omit
substitute
(q) current sentencing practice in other States;
omit
renumber paragraphs when Act next republished under Legislation Act
2001
substitute
(2) The court may have regard to any other matter the court considers
appropriate.
insert
342A Guideline judgments
(1) In deciding the sentence to be imposed on a person for an offence, a
court must have regard to any relevant guideline judgment.
(2) If a court imposes on a person a sentence that is inconsistent with a
relevant guideline judgment, the court must give written reasons for the
inconsistency.
(3) This section is in addition to and does not limit section
342.
(4) For this section:
relevant 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.
76 Matters
not to be taken into accountSection 344 (d)
and (e)
omit
renumber paragraphs when Act next republished under Legislation Act
2001
78 Restriction
on imposing sentences of
imprisonmentSection
345
omit
79 Summary
disposal of certain casesSection 375 (1)
(b)
substitute
(b) an offence punishable by imprisonment for not longer than
15 years.
Part
4 Rehabilitation of Offenders
(Interim) Act 2001
This part amends the Rehabilitation of Offenders (Interim) Act
2001.
81 Court
to set nonparole periodSection 31 (1),
note
substitute
Note 1 Section 31A provides for standard nonparole periods for
certain offences.
Note 2 Section 43 provides that, if the person is released on
parole, the sentence is not discharged unless the parole is completed without
the parole order being revoked.
31A Standard nonparole period
(1) When setting a nonparole period under section 31 (1) in relation to an
offence for which there is a standard nonparole period, 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.
(2) When setting the nonparole period for the offence, the court may have
regard to any relevant aggravating circumstance mentioned in subsection (3)
(other than a circumstance that is an element of the offence) and any relevant
mitigating circumstance mentioned in subsection (4).
(3) Aggravating circumstances to which the court may have regard include
the following:
(a) the victim is a police officer, emergency services worker,
correctional 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 the actual or threatened use of
violence;
(c) the offence involved the 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;
Examples
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
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(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;
Examples
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.
(4) 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 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.
(5) If the court sets a nonparole period that is different to the standard
nonparole period for the offence, the court must give written reasons for the
difference.
(6) The standard nonparole period for an offence mentioned
in column 2 in the table is the period mentioned in column 3 of the same
item.
Table Standard nonparole periods
column 1
item
|
column 2
offence
|
column 3
period
|
1
|
offence against Crimes Act 1900, section 12 (Murder), other than an
offence to which item 2 applies
|
20 years
|
2
|
offence against Crimes Act 1900, section 12 (Murder), if the victim
is a police officer, emergency services worker, correctional officer, judicial
officer, health professional, health or community worker or teacher and the
offence arose because of the victim’s occupation
|
25 years
|
3
|
offence against the Criminal Code, section 44 (Attempt), if the offence
attempted is murder
|
10 years
|
4
|
offence against Crimes Act 1900, section 51 (2) (Sexual assault in
the first degree)
|
15 years
|
5
|
offence against Crimes Act 1900, section 19 (Intentionally
inflicting grievous bodily harm)
|
5 years
|
6
|
offence against Crimes Act 1900, section 27 (4) (b) (Acts
endangering life etc)
|
7 years
|
7
|
offence against Crimes Act 1900, section 92 (Armed
robbery)
|
7 years
|
8
|
offence against Crimes Act 1900, section 93 (Burglary), if the
offender has been convicted of a burglary offence in the previous 5
years
|
2 years
|
9
|
offence against Crimes Act 1900, section 94 (Aggravated burglary),
if serious injury is caused to a person
|
7 years
|
10
|
offence against Crimes Act 1900, section 111A (1) or (2)
(Carjacking)
|
3 years
|
11
|
offence against Crimes Act 1900, section 111A (3) (Carjacking)
(which is about carjacking in aggravated circumstances)
|
5 years
|
12
|
offence against Drugs of Dependence Act 1989, section 164 (2) (Sale
or supply) if the quantity of the drug to which the offence relates is at least
50 times the quantity prescribed as a trafficable quantity
|
15 years
|
13
|
offence against Drugs of Dependence Act 1989, section 164 (2) (Sale
or supply) if the quantity of the drug to which the offence relates is at least
30 but less than 50 times the quantity prescribed as a trafficable
quantity
|
10 years
|
14
|
offence against Drugs of Dependence Act 1989, section 164 (2) (Sale
or supply) if the quantity of the drug to which the offence relates is at least
20 but less than 30 times the quantity prescribed as a trafficable
quantity
|
5 years
|
Endnotes
Republications of amended laws
1 For the latest republication of amended laws, see
www.legislation.act.gov.au.
Penalty units
2 The Legislation Act, s 133 deals with the meaning of offence penalties
that are expressed in penalty units.
© Australian Capital Territory
2003
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