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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
JUSTICE LEGISLATION AMENDMENTS
(CRIMINAL RESPONSIBILITY) BILL 2020
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
PART 2 - CRIMINAL CODE ACT 1924 AMENDED
3. Principal Act
4. Schedule 1 amended (Criminal Code)
PART 3 - SENTENCING ACT 1997 AMENDED
5. Principal Act
6. Section 11C inserted
11C. Self-induced intoxication not to be mitigating factor
in sentencing
7. Section 104AC inserted
104AC. Transitional provision in relation to Justice
Legislation Amendments (Criminal Responsibility)
Act 2020
PART 4 - CONCLUDING PROVISION
8. Repeal of Act
[Bill 3]-XI
2
JUSTICE LEGISLATION AMENDMENTS
(CRIMINAL RESPONSIBILITY) BILL 2020
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
SHANE DONNELLY, Clerk of the House
19 March 2020
(Brought in by the Minister for Justice, the Honourable Elise
Nicole Archer)
A BILL FOR
An Act to amend the Criminal Code Act 1924 and the
Sentencing Act 1997
Be it enacted by Her Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Justice Legislation
Amendments (Criminal Responsibility) Act 2020.
2. Commencement
This Act commences on a day to be proclaimed.
[Bill 3] 3
Justice Legislation Amendments (Criminal Responsibility) Act
2020
Act No. of 2020
s. 3 Part 2 - Criminal Code Act 1924 Amended
PART 2 - CRIMINAL CODE ACT 1924 AMENDED
3. Principal Act
In this Part, the Criminal Code Act 1924* is
referred to as the Principal Act.
4. Schedule 1 amended (Criminal Code)
Schedule 1 to the Principal Act is amended as
follows:
(a) by omitting from section 13(1) "an event
which occurs by chance." and
substituting "an event -";
(b) by inserting the following paragraphs
after subsection (1) in section 13:
(a) that the person does not intend or
foresee as a possible
consequence; and
(b) that an ordinary person would not
reasonably foresee as a possible
consequence.
(c) by inserting the following subsection
after subsection (1) in section 13:
(1A) However, under subsection
(1)(b), a person is not excused
from criminal responsibility for
_______________________________________________________________
*No. 69 of 1924
4
Justice Legislation Amendments (Criminal Responsibility) Act
2020
Act No. of 2020
Part 2 - Criminal Code Act 1924 Amended s. 4
death, or grievous bodily harm,
that results to a victim because of
a defect, weakness, or
abnormality, of the victim.
(d) by inserting the following section after
section 463:
464. Application of Justice Legislation
Amendments (Criminal Responsibility)
Act 2020
(1) In this section -
amending Act means the
Justice Legislation
Amendments (Criminal
Responsibility) Act 2020;
commencement day means the
day on which the
amending Act
commences.
(2) The amendment, to section 13(1)
of this Act, made by section 4 of
the amending Act is not intended
to alter the effect of section 13(1)
as in force immediately before
the commencement day.
(3) The amendment, to section 13(1)
of this Act, made by section 4 of
the amending Act does not apply
in relation to an offence
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Justice Legislation Amendments (Criminal Responsibility) Act
2020
Act No. of 2020
s. 4 Part 2 - Criminal Code Act 1924 Amended
committed before the
commencement day.
(4) Subsection (1A) of section 13, as
that subsection is inserted by
section 4 of the amending Act,
does not apply in relation to an
offence committed before the
commencement day.
6
Justice Legislation Amendments (Criminal Responsibility) Act
2020
Act No. of 2020
Part 3 - Sentencing Act 1997 Amended s. 5
PART 3 - SENTENCING ACT 1997 AMENDED
5. Principal Act
In this Part, the Sentencing Act 1997* is referred
to as the Principal Act.
6. Section 11C inserted
After section 11B of the Principal Act, the
following section is inserted in Part 2:
11C. Self-induced intoxication not to be
mitigating factor in sentencing
(1) In determining the appropriate sentence
for an offence, the self-induced
intoxication of the offender at the time
the offence was committed is not to be
taken into account as a mitigating factor.
(2) Subsection (1) has effect despite any Act
or rule of law to the contrary.
(3) In this section -
drug includes -
(a) a controlled substance
within the meaning of the
Misuse of Drugs Act
2001; and
_______________________________________________________________
*No. 59 of 1997
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Justice Legislation Amendments (Criminal Responsibility) Act
2020
Act No. of 2020
s. 6 Part 3 - Sentencing Act 1997 Amended
(b) a poison, drug of
dependence or restricted
substance, each within the
meaning of the Poisons
Act 1971;
intoxication means intoxication
because of the influence of
alcohol, a drug or any other
substance;
self-induced intoxication, in relation
to a person, means any
intoxication of the person except
intoxication that -
(a) is involuntary; or
(b) results from fraud, sudden
or extreme emergency,
accident, reasonable
mistake, duress or force;
or
(c) results from the
administration of a drug -
(i) for which a
prescription from
a person
authorised under
an Act to prescribe
the drug is
required; and
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Justice Legislation Amendments (Criminal Responsibility) Act
2020
Act No. of 2020
Part 3 - Sentencing Act 1997 Amended s. 6
(ii) which is
administered for
the purpose, and
in accordance with
the dosage level,
recommended by
the person
prescribing the
drug or in the
instructions, in
relation to the
drug, of the
manufacturer of
the drug; or
(d) results from the
administration of a drug -
(i) for which no
prescription is
required; and
(ii) which is
administered for
the purpose, and
in accordance with
the dosage level,
recommended in
the instructions, in
relation to the
drug, of the
manufacturer of
the drug.
9
Justice Legislation Amendments (Criminal Responsibility) Act
2020
Act No. of 2020
s. 7 Part 3 - Sentencing Act 1997 Amended
7. Section 104AC inserted
After section 104AB of the Principal Act, the
following section is inserted in Part 12:
104AC. Transitional provision in relation to Justice
Legislation Amendments (Criminal
Responsibility) Act 2020
Section 11C, as inserted by the Justice
Legislation Amendments (Criminal
Responsibility) Act 2020, does not apply
in relation to an offence committed
before the day on which the section
commences.
10
Justice Legislation Amendments (Criminal Responsibility) Act
2020
Act No. of 2020
Part 4 - Concluding Provision s. 8
PART 4 - CONCLUDING PROVISION
8. Repeal of Act
This Act is repealed on the first anniversary of
the day on which it commenced.