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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Sentencing Amendment Bill 2012
CONTENTS
1. Short title 2
2. Act amended 2
3. Section 8 amended 2
4. Section 9AA inserted 2
9AA. Reduction in sentence for plea of guilty 2
5. Part 21 heading inserted 3
Part 21 -- Transitional and review provisions
6. Sections 150A and 150B inserted 3
150A. Sentencing Amendment Act 2012
amendments, application of 3
150B. Review of s. 9AA 4
295--1 page i
Western Australia
LEGISLATIVE COUNCIL
Sentencing Amendment Bill 2012
A Bill for
An Act to amend the Sentencing Act 1995.
The Parliament of Western Australia enacts as follows:
page 1
Sentencing Amendment Bill 2012
s. 1
1 1. Short title
2 This is the Sentencing Amendment Act 2012.
3 Note: Under the Interpretation Act 1984 section 20(2), this Act comes into
th
4 operation on the 28 day after the day on which it receives the Royal
5 Assent.
6 2. Act amended
7 This Act amends the Sentencing Act 1995.
8 3. Section 8 amended
9 Delete section 8(2).
10 4. Section 9AA inserted
11 At the end of Part 2 Division 1 insert:
12
13 9AA. Reduction in sentence for plea of guilty
14 (1) In this section --
15 fixed term has the meaning given in section 85(1);
16 head sentence, for an offence, means the sentence that
17 a court would have imposed for the offence if --
18 (a) the offender had been found guilty after a plea
19 of not guilty; and
20 (b) there were no mitigating factors;
21 victim has the meaning given in section 13.
22 (2) If a person pleads guilty to a charge for an offence, the
23 court may reduce the head sentence for the offence in
24 order to recognise the benefits to the State, and to any
25 victim of or witness to the offence, resulting from the
26 plea.
27 (3) The earlier in the proceedings the plea is made, the
28 greater the reduction in the sentence may be.
page 2
Sentencing Amendment Bill 2012
s. 5
1 (4) If the head sentence for an offence is or includes a
2 fixed term, the court must not reduce the fixed term
3 under subsection (2) --
4 (a) by more than 25%; or
5 (b) by 25%, unless the offender pleaded guilty, or
6 indicated that he or she would plead guilty, at
7 the first reasonable opportunity.
8 (5) If a court reduces the head sentence for an offence
9 under subsection (2), the court must state that fact and
10 the extent of the reduction in open court.
11 (6) This section does not prevent the court from reducing
12 the head sentence for an offence because of any
13 mitigating factor other than a plea of guilty.
14
15 5. Part 21 heading inserted
16 After section 149 insert:
17
18 Part 21 -- Transitional and review provisions
19
20 6. Sections 150A and 150B inserted
21 Before section 150 insert:
22
23 150A. Sentencing Amendment Act 2012 amendments,
24 application of
25 (1) In this section --
26 commencement means the coming into operation of
27 the Sentencing Amendment Act 2012 section 4;
28 sentencing includes the variation or substitution of a
29 sentence.
page 3
Sentencing Amendment Bill 2012
s. 6
1 (2) This Act, as amended by the Sentencing Amendment
2 Act 2012, applies to the sentencing after
3 commencement of an offender for an offence --
4 (a) even if the offence was committed before
5 commencement; and
6 (b) even if the offender was convicted before
7 commencement; and
8 (c) even if the sentencing is as a result of an appeal
9 against a sentence imposed before
10 commencement.
11 150B. Review of s. 9AA
12 (1) The Minister must review the operation and
13 effectiveness of section 9AA as soon as practicable
14 after the third anniversary of the day on which the
15 Sentencing Amendment Act 2012 section 4 comes into
16 operation.
17 (2) The Minister must cause a report of the review to be
18 laid before each House of Parliament as soon as
19 practicable after it is done.
20
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