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This is a Bill, not an Act. For current law, see the Acts databases.
SENTENCING LEGISLATION AMENDMENT BILL 2007
2007
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Mr Bill Stefaniak)
Sentencing
Legislation Amendment Bill 2007
Contents
Page
2007
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Mr Bill Stefaniak)
Sentencing
Legislation Amendment Bill 2007
A Bill for
An Act to reform the law about sentencing, and for other
purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Sentencing Legislation Amendment
Act 2007.
This Act commences on the day after its notification day.
Note The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
3 Legislation
amended—pt 2
This part amends the Crimes Act 1900.
4 ManslaughterSection
15 (2)
omit
20 years
substitute
25 years
omit
26 years
substitute
30 years
6 Intentionally
inflicting grievous bodily harmSection 19
(1)
omit
15 years
substitute
20 years
omit
20 years
substitute
25 years
8 Recklessly
inflicting grievous bodily harmSection 20
(1)
omit
10 years
substitute
15 years
omit
13 years
substitute
16 years
10 WoundingSection
21 (1)
omit
5 years
substitute
10 years
omit
7 years
substitute
13 years
12 Assault
with intent to commit certain indictable
offencesSection 22
omit last mention of
5 years
substitute
10 years
13 Acts
endangering life etcSection 27
(3)
omit
10 years
substitute
20 years
omit
15 years
substitute
25 years
15 Acts
endangering health etcSection 28
(2)
omit
5 years
substitute
10 years
16 Culpable
driving of motor vehicleSection 29
(2)
omit
7 years
substitute
15 years
omit
9 years
substitute
17 years
omit
4 years
substitute
10 years
omit
5 years
substitute
10 years
20 Possession
of object with intent to kill etcSection
33
omit
5 years
substitute
10 years
21 Abduction
of young personSection
37
omit
5 years
substitute
10 years
22 Neglect
etc of childrenSection 39 (1), penalty
substitute
Maximum penalty: 500 penalty units, imprisonment for 5 years or
both.
23 Section
39 (3), penalty
substitute
Maximum penalty: 500 penalty units, imprisonment for 5 years or
both.
24 Sexual
assault in the first degree Section 51
(1)
omit
17 years
substitute
25 years
omit
20 years
substitute
life
26 Sexual
assault in the second degreeSection 52
(1)
omit
14 years
substitute
20 years
omit
17 years
substitute
25 years
28 Sexual
assault in the third degreeSection 53
(1)
omit
12 years
substitute
15 years
omit
14 years
substitute
18 years
30 Sexual
intercourse without consentSection 54
(1)
omit
12 years
substitute
15 years
omit
14 years
substitute
18 years
32 Sexual
intercourse with young personSection 55
(1)
omit
17 years
substitute
20 years
omit
14 years
substitute
17 years
34 Maintaining
a sexual relationship with young
personSection 56 (5)
omit
7 years
substitute
10 years
35 Act
of indecency in the first degreeSection
57
omit
15 years
substitute
20 years
36 Act
of indecency in the second degreeSection
58
omit
12 years
substitute
15 years
37 Acts
of indecency with young peopleSection 61
(1)
omit
12 years
substitute
15 years
omit
10 years
substitute
12 years
omit
10 years
substitute
15 years
40 Possessing
child pornographySection 65 (1),
penalty
substitute
Maximum penalty: 700 penalty units, imprisonment for 7 years or
both.
41 Using
the Internet etc to deprave young
peopleSection 66 (1), penalty, paragraph
(a)
omit
5 years
substitute
7 years
42 Section
66 (1), penalty, paragraph (b)
omit
10 years
substitute
12 years
43 Section
66 (2), penalty
substitute
Maximum penalty: 200 penalty units, imprisonment for 7 years or
both.
44 Aiding
prisoner to escapeSection 159,
penalty
substitute
Maximum penalty: 200 penalty units, imprisonment for 7 years or
both.
45 EscapingSection
160, penalty
substitute
Maximum penalty: 200 penalty units, imprisonment for 10 years or
both.
46 Summary
disposal of certain casesSection 375 (1)
(b)
substitute
(b) an offence punishable by imprisonment for not longer than
15 years.
omit
$10 000
substitute
$50 000
omit
2 years nor impose a fine exceeding $5 000
substitute
5 years nor impose a fine exceeding 100 penalty units
omit
6 months nor impose a fine exceeding $1 000
substitute
2 years nor impose a fine exceeding 50 penalty units
Part
3 Crimes (Sentencing) Act
2005
50 Legislation
amended—pt 3
This part amends the Crimes (Sentencing) Act 2005.
51 Sentencing—relevant
considerationsSection 33 (3), new
note
insert
Note The court must also have regard to any relevant guideline
judgment (see s 33A).
insert
33A Sentencing—regard to guideline
judgments
(1) In deciding how an offender should be sentenced (if at all), a court
must have regard to any relevant guideline judgment.
(2) If a court imposes a sentence that is inconsistent with the relevant
guideline judgment, the court must give written reasons for the
inconsistency.
(3) This section is additional to and does not limit section 33.
(4) In this section:
guideline judgment, for an offence, means a
judgment of the Court of Appeal that is expressed to contain guidelines to be
taken into account by courts sentencing offenders.
insert
65A Nonparole periods—standard
periods
(1) This section applies if a court is setting a nonparole period for an
offender under section 65 or section 66 in relation to an offence for which
there is a standard nonparole period.
(2) The court must set the standard nonparole period as the nonparole
period for the offence unless the court considers that there are reasons for
setting a nonparole period for the offence that is longer or shorter than the
standard nonparole period.
(3) When setting the nonparole period for the offence, the court may have
regard to any relevant aggravating circumstance mentioned in subsection (4)
(other than a circumstance that is an element of the offence) and any relevant
mitigating circumstance mentioned in subsection (5).
(4) Aggravating circumstances to which the court may have regard include
the following:
(a) the victim is a police officer, emergency services worker, corrections
officer, judicial officer, health professional, health or community worker or
teacher and the offence arose because of the victim’s
occupation;
(b) the offence involved actual or threatened use of violence;
(c) the offence involved actual or threatened use of a weapon;
(d) the offender has a record of previous convictions;
(e) the offence was committed in company with someone else;
(f) the offence involved gratuitous cruelty;
(g) the injury, emotional harm, loss or damage caused by the offence was
substantial;
(h) the offence was motivated by hatred for or prejudice against a group
of people to which the offender believed the victim belonged;
Examples
1 people of a particular religion, racial or ethnic origin
2 people who speak a particular language
3 people of a particular sexual orientation
4 people of a particular age
5 people with a disability
Note An example is part of the Act, is
not exhaustive and may extend, but does not limit, the meaning of the provision
in which it appears (see Legislation Act, s 126 and s 132).
(i) the offence was committed without regard for public safety;
(j) the offence was committed while the offender was on bail in relation
to an offence or alleged offence;
(k) the offender abused a position of trust or authority in relation to
the victim;
(l) the victim was vulnerable because of age or occupation;
Examples
1 the victim was very young or old
2 the victim had a disability
3 the victim was a taxi driver, bank teller or service station
attendant
(m) the offence involved multiple victims or a series of criminal
acts;
(n) the offence was part of a planned or organised criminal
activity.
(5) Mitigating circumstances to which the court may have regard include
the following:
(a) the injury, emotional harm, loss or damage caused by the offence was
not substantial;
(b) the offence was not part of a planned or organised criminal
activity;
(c) the offender was provoked by the victim;
(d) the offender was acting under duress;
(e) the offender does not have any record, or any significant record, of
previous convictions;
(f) the offender was otherwise a person of good character;
(g) the offender is unlikely to reoffend;
(h) the offender has good prospects of rehabilitation, whether because of
age or otherwise;
(i) the offender has shown remorse for the offence by making reparation
for any injury, loss or damage or in any other way;
(j) the offender was not fully aware of the consequences of his or her
actions because of the offender’s age or any disability;
(k) a plea of guilty by the offender;
(l) if the offender is tried on indictment—the degree of pre-trial
disclosure by the defence for the purposes of the trial;
(m) the degree to which the offender has assisted, or undertaken to
assist, law enforcement authorities in the prevention, detection or
investigation of, or in a proceeding in relation to, the offence concerned or
any other offence.
(6) If the court sets a nonparole period that is different to the standard
nonparole period for the offence, the court must state the reasons for the
difference.
(7) The standard nonparole period for an offence mentioned
in table 65A, column 2 is the period mentioned in column 3 of the same
item.
Table 65A Standard nonparole
periods
column 1
item
|
column 2
offence against
|
column 3
period
|
1
|
Crimes Act 1900, section 12 (Murder), other than an offence to which
item 2 applies
|
20 years
|
2
|
Crimes Act 1900, section 12 (Murder), if the victim is a police
officer, emergency services worker, correctional officer, judicial officer,
health professional, health or community worker or teacher and the offence arose
because of the victim’s occupation
|
25 years
|
3
|
Crimes Act 1900, section 19 (Intentionally inflicting grievous
bodily harm)
|
7 years
|
4
|
Crimes Act 1900, section 20 (Recklessly inflicting grievous bodily
harm)
|
5 years
|
5
|
Crimes Act 1900, section 27 (4) (b) (Acts endangering life
etc)
|
7 years
|
6
|
Crimes Act 1900, section 51 (2) (Sexual assault in the first
degree)
|
15 years
|
7
|
Criminal Code, section 44 (Attempt), if the offence attempted is
murder
|
10 years
|
8
|
Criminal Code, section 310 (Aggravated robbery)
|
7 years
|
9
|
Criminal Code, section 311 (Burglary), if the offender has been convicted
of a burglary offence in the previous 5 years
|
1 year
|
10
|
Criminal Code, section 312 (Aggravated burglary), if serious injury is
caused to a person
|
7 years
|
11
|
Criminal Code, section 318A (1) or (2) (Carjacking)
|
3 years
|
12
|
offence against Criminal Code, section 318A (3) (Carjacking) (which is
about carjacking in aggravated circumstances)
|
5 years
|
13
|
offence against Drugs of Dependence Act 1989, section 164 (2) (Sale
or supply) if the quantity of the drug to which the offence relates is at least
50 times the quantity prescribed as a trafficable quantity
|
15 years
|
14
|
Drugs of Dependence Act 1989, section 164 (2) (Sale or supply) if
the quantity of the drug to which the offence relates is at least 30 but less
than 50 times the quantity prescribed as a trafficable quantity
|
10 years
|
15
|
Drugs of Dependence Act 1989, section 164 (2) (Sale or supply) if
the quantity of the drug to which the offence relates is at least 20 but less
than 30 times the quantity prescribed as a trafficable quantity
|
5 years
|
Part
4 Criminal Code
2002
54 Legislation
amended—pt 4
This part amends the Criminal Code 2002.
insert
318A Carjacking
(1) A person commits an offence if the person—
(a) assaults someone else with intent to take a motor vehicle;
and
(b) takes and drives the vehicle, or takes the vehicle for the purpose of
driving it, without the consent of the owner or person in lawful possession of
the vehicle.
Maximum penalty: imprisonment for 10 years.
(2) A person commits an offence if the person—
(a) takes and drives a motor vehicle, or takes the vehicle for the purpose
of driving it, without the consent of the owner or person in lawful possession
of the motor vehicle; and
(b) someone else is in or on the vehicle.
Maximum penalty: imprisonment for 10 years.
(3) A person commits an offence against this subsection if the person
commits an offence against subsection (1) or (2) in circumstances of
aggravation.
Maximum penalty: imprisonment for 14 years.
(4) For subsection (3), a person commits an offence in circumstances
of aggravation if—
(a) the person is in company with someone else; or
(b) the person is armed with an offensive weapon or instrument;
or
(c) the person inflicts actual bodily harm on someone else.
(5) In this section:
motor vehicle—see the Road Transport (General) Act
1999, dictionary.
56 False
accountingSection 350 (1), (2) and (3),
penalty
substitute
Maximum penalty: 1 000 penalty units, imprisonment for 10 years or
both.
57 False
statement by officer of bodySection 351
(1), penalty
substitute
Maximum penalty: 1 000 penalty units, imprisonment for 10 years or
both.
Part
5 Supreme Court Act
1933
58 Legislation
amended—pt 5
This part amends the Supreme Court Act 1933.
59 New
sections 37SA and 37SB
in part 2A, insert
37SA Guideline judgments
(1) The Court of Appeal may, on its own initiative or at the request of
the Attorney-General under section 37SB, give a guideline judgment to be taken
into account by courts when sentencing offenders.
(2) A guideline judgment may be given separately or in any proceeding that
the Court of Appeal considers appropriate.
(3) A guideline judgment may be given in a proceeding even if it is not
necessary for deciding the proceeding.
(4) A guideline judgment may be reviewed, varied or revoked in a later
guideline judgment.
(5) This section does not limit any power or jurisdiction that the Court
of Appeal has apart from this section.
37SB Attorney-General may request guideline
judgment
(1) The Attorney-General may request the Court of Appeal to give a
guideline judgment.
(2) The request for a guideline judgment may include submissions about the
proposed guidelines.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2007.
2 Notification
Notified under the Legislation Act on 2007.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2007
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