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This is a Bill, not an Act. For current law, see the Acts databases.


ACTS AMENDMENT (ASSAULTS ON POLICE OFFICERS) BILL 2008

                     Western Australia


Acts Amendment (Assaults on Police Officers)
                Bill 2008

                        CONTENTS


        Part 1 -- Preliminary matters
  1.    Short title                                     2
  2.    Commencement                                    2
        Part 2 -- The Criminal Code
             amended
  3.    The Criminal Code amended in this Part          3
  4.    Section 297 amended                             3
  5.    Section 318 amended                             4
        Part 3 -- Sentencing Act 1995
             amended
  6.    The Sentencing Act 1995 amended in this Part    5
  7.    Section 39 amended                              5




                          267--1                        page i
                           Western Australia


                     LEGISLATIVE ASSEMBLY

                   (Introduced by Mr Johnson, MLA)


 Acts Amendment (Assaults on Police Officers)
                 Bill 2008


                               A Bill for


An Act to amend the The Criminal Code and the Sentencing Act 1995.



The Parliament of Western Australia enacts as follows:




                                                            page 1
    Acts Amendment (Assaults on Police Officers) Bill 2008
    Part 1       Preliminary matters

    s. 1



                    Part 1 -- Preliminary matters
    1.       Short title
             This Act may be cited as the Acts Amendment (Assaults on
             Police Officers) Act 2008.

5   2.       Commencement
             This Act comes into operation on the day on which it receives the
             Royal Assent.




    page 2
                              Acts Amendment (Assaults on Police Officers) Bill 2008
                                        The Criminal Code amended             Part 2

                                                                                     s. 3



                      Part 2 -- The Criminal Code amended
     3.             The Criminal Code amended in this Part
                    The amendments in this Part are to The Criminal Code*.
                    [* Reprint 12 as at 1 June 2005 (see the schedule to the
 5                  Criminal Code Act 1913 appearing as Appendix B to the
                    Criminal Code Act Compilation Act 1913).
                    For subsequent amendments see Western Australian
                    Legislation Information Tables for 2005, Table, p. 112 and
                    Act No. 3 of 2006.]

10   4.             Section 297 amended
          (1)       Section 297 is amended as follows --
                      (a) by inserting before "Any person" the subsection
                           designation "(1)";
                     (b) by inserting before "If the offence is committed in the"
15                         the subsection designation "(2)";
                     (c)    by inserting before "If the offence is committed in
                            circumstances" the subsection designation "(3)".
          (2)       At the end of section 297 the following new subsection is
                    inserted --
20              "
                    (4)    If the offence is committed upon --
                              (a) public officer who is performing a function of
                                    his office or employment or on account of his
                                    performance of such a function; or
25                           (b) any person who is performing a function of a
                                    public nature conferred on him by law or on
                                    account of his performance of such a function;
                                    or




                                                                                  page 3
     Acts Amendment (Assaults on Police Officers) Bill 2008
     Part 2       The Criminal Code amended

     s. 5



                         (c)   any person who is acting in aid of a public
                               officer or other person referred to in paragraph
                               (a) or (b) or on account of his having so acted,
                       the offender is liable to imprisonment for 14 years, and,
 5                     a court sentencing such an offender shall impose a term
                       of immediate imprisonment of not less than twelve
                       months.
                                                                                   ".

     5.         Section 318 amended
10        (1)   Section 318 is amended as follows --
                  (a) by inserting after "is guilty of a crime and is liable to
                       imprisonment for 10 years." the following new
                       paragraph --
                        "
15                             Where the person assaulted has suffered bodily
                               harm, the offender shall be sentenced to a term
                               of immediate imprisonment of not less than 9
                               months.
                                                                                   ";
20               (b)    by inserting after "Summary conviction penalty:
                        imprisonment and a fine of $36,000" the following --
                        "
                               , and notwithstanding the provisions of the
                               Sentencing Act 1995, where the person
25                             assaulted has suffered bodily harm the offender
                               shall be sentenced to a term of immediate
                               imprisonment of not less than 3 months
                                                                                   ".




     page 4
                    Acts Amendment (Assaults on Police Officers) Bill 2008
                              The Criminal Code amended             Part 3

                                                                        s. 6



           Part 3 -- Sentencing Act 1995 amended
     6.   The Sentencing Act 1995 amended in this Part
          The amendment in this Part is to the Sentencing Act 1995*.
          [* Reprint 4 as at 12 August 2005.
 5        For subsequent amendments see Western Australian
          Legislation Information Tables for 2005, Table 1, p. 411-12
          and Act No. 27 of 2004.]

     7.   Section 39 amended
          Section 39 is amended by inserting after subsection (8) the
10        following --
              "
                  (9)   A court sentencing an offender for an offence
                        under section 318 of The Criminal Code shall
                        not make a Spent Conviction Order.
15                                                                       ".




 


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