Northern Territory Explanatory Statements

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SENTENCING AMENDMENT (VIOLENT OFFENCES) BILL 2008

Sentencing Amendment (Violent Offences) Bill 2008 (Serial 4)

This Bill amends the Sentencing Act.

This bill sets out specific minimum sentences for violent offences which affect some first time offences, and all second and subsequent offences.

The Bill removes the ability for suspension of any of the minimum sentence and suspension of sentence for second or subsequent offences within 10 years of conviction of a previous violent offence.

The current arrangements provide for a gaol time, however this may simply be to the rising of the court. The new provisions change this and install a minimum sentence,

The Amendments proposed in this bill fulfil an election promise to impose certain minimum sentences on serious violent offenders.

1. The amendments will allow the court to decide the outcome for first time offenders (except where serious harm is caused to the victim).

Amendments

Clause 1 sets out the short title of the Bill

Clause 2 indicates the Act to be amended, which is the Sentencing Act of the Northern Territory.

Clause 3 sets out that the Bill repeals section 78BA of the Sentencing Act and substitutes a new section 78BA.

The proposed new 78BA only applies to adults and is as follows:

 


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