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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Statutes Amendment (Assaults on Police)
Bill 2009
A BILL FOR
An Act to amend the Criminal Law Consolidation Act 1935 and the
Criminal Law (Sentencing) Act 1988.
Contents
Part 1—Preliminary
1 Short
title
2 Amendment provisions
Part 2—Amendment of Criminal Law Consolidation
Act 1935
3 Amendment of section
20—Assault
4 Amendment of section 23—Causing serious
harm
5 Amendment of section 24—Causing harm
Part 3—Amendment of Criminal Law (Sentencing)
Act 1988
6 Amendment of section 32—Duty of court to fix
or extend non-parole periods
Part 4—Transitional provision
7 Transitional
provision
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Statutes Amendment (Assaults on Police)
Act 2009.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Criminal Law Consolidation
Act 1935
3—Amendment of
section 20—Assault
(1) Section 20(4), penalty provision, (b)—after "(c)"
insert:
or (d)
(2) Section 20(4), penalty provision—after paragraph (c)
insert:
(d) for an offence aggravated under section 5AA(1)(c) where the
victim is a police officer—imprisonment for not less than 6 months
and not more than 5 years.
(3) Section 20—after subsection (4) insert:
(5) Despite any other Act or law, a minimum penalty for an aggravated
offence fixed under this section applies whether the offender is a youth or an
adult and cannot be—
(a) reduced or mitigated in any way; or
(b) suspended; or
(c) substituted by any other penalty or sentence.
4—Amendment of
section 23—Causing serious harm
(1) Section 23(1), penalty provision, (b)—delete paragraph (b) and
substitute:
(b) for an aggravated offence—
(i) if the offence is aggravated under section 5AA(1)(c) where the
victim is a police officer—imprisonment for not less than 2 years and
not more than 25 years;
(ii) in any other case—imprisonment for 25 years.
(2) Section 23(3), penalty provision, (b)—delete paragraph (b) and
substitute:
(b) for an aggravated offence—
(i) if the offence is aggravated under section 5AA(1)(c) where the
victim is a police officer—imprisonment for not less than 1 year and
not more than 19 years;
(ii) in any other case—imprisonment for 19 years.
(3) Section 23—after subsection (3) insert:
(4) Despite any other Act or law, a minimum penalty for an aggravated
offence fixed under this section applies whether the offender is a youth or an
adult and cannot be—
(a) reduced or mitigated in any way; or
(b) suspended; or
(c) substituted by any other penalty or sentence.
5—Amendment of
section 24—Causing harm
(1) Section 24(1), penalty provision, (b)—delete paragraph (b) and
substitute:
(b) for an aggravated offence—
(i) if the offence is aggravated under section 5AA(1)(c) where the
victim is a police officer—imprisonment for not less than 9 months
and not more than 13 years;
(ii) in any other case—imprisonment for 13 years.
(2) Section 24(2), penalty provision, (b)—delete paragraph (b) and
substitute:
(b) for an aggravated offence—
(i) if the offence is aggravated under section 5AA(1)(c) where the
victim is a police officer—imprisonment for not less than 6 months
and not more than 7 years;
(ii) in any other case—imprisonment for 7 years.
(3) Section 24—after subsection (2) insert:
(3) Despite any other Act or law, a minimum penalty for an aggravated
offence fixed under this section applies whether the offender is a youth or an
adult and cannot be—
(a) reduced or mitigated in any way; or
(b) suspended; or
(c) substituted by any other penalty or sentence.
Part 3—Amendment
of Criminal Law (Sentencing)
Act 1988
6—Amendment of
section 32—Duty of court to fix or extend non-parole
periods
Section 32(5)—after paragraph (ba) insert:
(bb) if fixing a non-parole period in respect of a person sentenced to
imprisonment for an offence for which a mandatory minimum period of imprisonment
is prescribed, any non-parole period fixed under this section must be a period
not less than the prescribed mandatory minimum period of imprisonment;
An amendment made by this Act to the Criminal Law Consolidation
Act 1935 or the Criminal Law (Sentencing) Act 1988 applies
in relation to an offence occurring after the commencement of the
amendment.