2005
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Mr Bill Stefaniak)
Sentencing and Corrections Reform Amendment Bill 2005

Contents
	Page

Part 1	Preliminary
	1	Name of Act	2
	2	Commencement	2
Part 2	Crimes Act 1900
	3	Legislation amended—pt 2	3
	4	Offences against Act—application of Criminal Code etc
Section 7A, note 1	3
	5	Manslaughter
Section 15 (2)	3
	6	Intentionally inflicting grievous bodily harm
Section 19	3
	7	Recklessly inflicting grievous bodily harm
Section 20	4
	8	Wounding
Section 21	4
	9	Assault with intent to commit certain indictable offences
Section 22	4
	10	Acts endangering life etc
Section 27 (3)	4
	11	Section 27 (4)	5
	12	Acts endangering health etc
Section 28 (2)	5
	13	Culpable driving of motor vehicle
Section 29 (2)	5
	14	Section 29 (3)	5
	15	Section 29 (8) (a)	6
	16	Possession of object with intent to kill etc
Section 33	6
	17	New sections 35A to 35C	6
	18	Abduction of young person
Section 37	10
	19	Neglect etc of children Section 39 (1), penalty	10
	20	Section 39 (3), penalty	11
	21	Alternative verdicts for certain offences against the person
Table 49, item 10	11
	22	Table 49, item 11	11
	23	Table 49, new items	11
	24	Sexual assault in the first degree 
Section 51 (1)	12
	25	Section 51 (2)	12
	26	Sexual assault in the second degree
Section 52 (1)	12
	27	Section 52 (2)	12
	28	Sexual assault in the third degree
Section 53 (1)	13
	29	Section 53 (2)	13
	30	Sexual intercourse without consent
Section 54 (1)	13
	31	Section 54 (2)	13
	32	Sexual intercourse with young person
Section 55 (1)	14
	33	Maintaining a sexual relationship with young person
Section 56 (5)	14
	34	Act of indecency in the first degree
Section 57	14
	35	Act of indecency in the second degree
Section 58	14
	36	Acts of indecency with young people
Section 61 (1)	15
	37	Abduction
Section 63	15
	38	Possessing child pornography
Section 65 (1), penalty	15
	39	Using the Internet etc to deprave young people
Section 66 (1), penalty, paragraph (a)	15
	40	Section 66 (1), penalty, paragraph (b)	16
	41	Section 66 (2), penalty	16
	42	Aiding prisoner to escape
Section 159	16
	43	Escaping
Section 160	16
	44	Accessory after the fact
Section 181 (a)	17
	45	Summary disposal of certain cases
Section 375 (1) (b)	17
	46	Section 375 (2) (c)	17
	47	Section 375 (10)	17
	48	Section 375 (11)	18
Part 3	Criminal Code 2002
	49	Legislation amended—pt 3	19
	50	New section 318A	19
	51	False accounting
Section 350 (1), penalty	20
	52	False statement by officer of body
Section 351 (1), penalty	20

2005
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Mr Bill Stefaniak)
Sentencing and Corrections Reform Amendment Bill 2005

A Bill for
An Act to reform the law about sentencing and corrections, and for other purposes

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1	Preliminary
1	Name of Act
This Act is the Sentencing and Corrections Reform Amendment Act 2005.
2	Commencement
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)).

Part 2	Crimes Act 1900
3	Legislation amended—pt 2
This part amends the Crimes Act 1900.
4	Offences against Act—application of Criminal Code etc
Section 7A, note 1
insert
·	s 35A (Assault, stalking etc of police officer)
·	s 35B (Obtaining personal information about police officer)
·	s 35C (Stalking etc person associated with police officer)
5	Manslaughter
Section 15 (2)
omit
20 years
substitute
25 years
6	Intentionally inflicting grievous bodily harm
Section 19
omit
15 years
substitute
20 years
7	Recklessly inflicting grievous bodily harm
Section 20
omit
10 years
substitute
15 years
8	Wounding
Section 21
omit
5 years
substitute
15 years
9	Assault with intent to commit certain indictable offences
Section 22
omit last mention of
5 years
substitute
10 years
10	Acts endangering life etc
Section 27 (3)
omit
10 years
substitute
20 years
11	Section 27 (4)
omit
15 years
substitute
25 years
12	Acts endangering health etc
Section 28 (2)
omit
5 years
substitute
10 years
13	Culpable driving of motor vehicle
Section 29 (2)
omit
7 years
substitute
15 years
14	Section 29 (3)
omit
4 years
substitute
10 years
15	Section 29 (8) (a)
substitute
	(a)	the liability of a person to be convicted of murder or manslaughter or any other offence; or
16	Possession of object with intent to kill etc
Section 33
omit
5 years
substitute
10 years
17	New sections 35A to 35C
insert
35A	Assault, stalking etc of police officer
	(1)	A person commits an offence if—
	(a)	the person assaults or stalks, harasses or intimidates another person; and
	(b)	the other person is a police officer acting in the course of the officer’s duty.
Maximum penalty:  imprisonment for 7 years.
	(2)	A person commits an offence if—
	(a)	the person assaults another person, and by the assault occasions actual bodily harm; and
	(b)	the other person is a police officer acting in the course of the officer’s duty.
Maximum penalty:  imprisonment for 7 years.
	(3)	A person commits an offence if—
	(a)	either—
	(i)	the person wounds another person; or
	(ii)	the person assaults another person, and by the assault occasions grievous bodily harm; and
	(b)	the other person is a police officer acting in the course of the officer’s duty.
Maximum penalty:  imprisonment for 20 years.
	(4)	Strict liability applies to subsections (1) (b), (2) (b) and (3) (b).
	(5)	For this section, an action is taken to be done to a police officer acting in the course of the officer’s duty, even if the officer is not on duty at the time, if it is carried out— 
	(a)	as a consequence of, or in retaliation for, something done by the officer in the course of the officer’s duty; or
	(b)	because the officer is a police officer.
	(6)	In a prosecution for an offence against subsection (1) in relation to the stalking, harassing or intimidating of a police officer, it is not necessary to prove that the officer apprehended or feared harm or was harassed.
	(7)	In this section:
police officer means a member of any Commonwealth, State or Territory police force or service.
stalk—see section 35 (2).
35B	Obtaining personal information about police officer
	(1)	A person commits an offence if—
	(a)	the person obtains personal information about a police officer—
	(i)	as a consequence of, or in retaliation for, something done by the officer in the course of the officer’s duty; or
	(ii)	because the officer is a police officer; and
	(b)	the person intends to use the information, or allow its use, to assault, stalk, harass or otherwise harm the officer.
Maximum penalty:  imprisonment for 2 years.
	(2)	In this section:
harm—see section 35 (6).
police officer means a member of any Commonwealth, State or Territory police force or service.
stalk—see section 35 (2).
35C	Stalking etc person associated with police officer
	(1)	A person commits an offence if—
	(a)	the person stalks someone (the person stalked) who is or has been personally associated with a police officer; and
	(b)	the person intends to cause the person stalked harm or apprehension or fear of harm; and
	(c)	the stalking is—
	(i)	as a consequence of, or in retaliation for, something done by the officer in the course of the officer’s duty; or
	(ii)	because the officer is a police officer.
Maximum penalty:  imprisonment for 7 years.
	(2)	A person commits an offence if—
	(a)	the person obtains personal information about someone who is or has been personally associated with a police officer; and
	(b)	the person obtains the information—
	(i)	because the officer is a police officer; and
	(ii)	the person intends to use the information, or allow its use, to cause the officer to fear personal harm or harm to a person who is or has been personally associated with the officer.
Maximum penalty:  imprisonment for 2 years.
	(3)	Without limiting subsection (1), a person is taken to have the intent mentioned in the subsection if the person knows that, or is reckless about whether, stalking the other person would be likely to cause apprehension or fear of harm in the person stalked.
	(4)	In a prosecution for an offence against subsection (1), it is not necessary to prove that the person stalked apprehended or feared harm.
	(5)	In this section:
domestic relationship—see the Domestic Relationships Act 1994, section 3 (1).
harm—see section 35 (6).
member of the family, of a police officer, means a parent, step‑parent, parent-in-law, grandparent, child, stepchild, grandchild, son-in-law, daughter-in-law, brother, sister, half-brother, half-sister, brother-in-law, sister-in-law, uncle, aunt, nephew, niece or cousin of the officer or of a person married to, or in a domestic relationship with, the officer.
personally associated—a person is personally associated with a police officer if the person—
	(a)	is married to or in a domestic relationship with the officer; or
	(b)	has an intimate relationship with the officer, whether or not of a sexual nature; or
	(c)	is living in the same household or residential facility as the officer; or
	(d)	is in a relationship with the officer that involves dependence or ongoing paid or unpaid care; or
	(e)	is a member of the family of the officer.
police officer means a member of any Commonwealth, State or Territory police force or service.
stalk—see section 35 (2).
18	Abduction of young person
Section 37
omit
5 years
substitute
10 years
19	Neglect etc of children
Section 39 (1), penalty 
substitute
Maximum penalty:  500 penalty units, imprisonment for 5 years or both.
20	Section 39 (3), penalty
substitute
Maximum penalty:  500 penalty units, imprisonment for 5 years or both.
21	Alternative verdicts for certain offences against the person
Table 49, item 10
omit
22	Table 49, item 11
renumber as item 10
23	Table 49, new items
insert
11	section 35A (1) (a) (Assault, stalking etc of police officer) if the offence charged is assault	section 26	
12	section 35A (1) (a) if the offence charged is stalking	section 35	
13	section 35A (2)	(a)  section 23
(b)  section 24
(c)  section 26	
14	section 35A (3) (a) (i)	section 21	
15	section 35A (3) (a) (ii)	(a)  section 20
(b)  section 21
(c)  section 23
(d)  section 24
(e)  section 25
(f)  section 26	
24	Sexual assault in the first degree 
Section 51 (1)
omit
17 years
substitute
25 years
25	Section 51 (2)
omit
20 years
substitute
life
26	Sexual assault in the second degree
Section 52 (1)
omit
14 years
substitute
20 years
27	Section 52 (2)
omit
17 years
substitute
25 years
28	Sexual assault in the third degree
Section 53 (1)
omit
12 years
substitute
15 years
29	Section 53 (2)
omit
14 years
substitute
18 years
30	Sexual intercourse without consent
Section 54 (1)
omit
12 years
substitute
15 years
31	Section 54 (2)
omit
14 years
substitute
18 years
32	Sexual intercourse with young person
Section 55 (1)
omit
17 years
substitute
20 years
33	Maintaining a sexual relationship with young person
Section 56 (5)
omit
7 years
substitute
10 years
34	Act of indecency in the first degree
Section 57
omit
15 years
substitute
20 years
35	Act of indecency in the second degree
Section 58
omit
12 years
substitute
15 years
36	Acts of indecency with young people
Section 61 (1)
omit
12 years
substitute
15 years
37	Abduction
Section 63
omit
10 years
substitute
15 years
38	Possessing child pornography
Section 65 (1), penalty
substitute
Maximum penalty:  700 penalty units, imprisonment for 7 years or both.
39	Using the Internet etc to deprave young people
Section 66 (1), penalty, paragraph (a)
omit
5 years
substitute
7 years
40	Section 66 (1), penalty, paragraph (b)
omit
10 years
substitute
12 years
41	Section 66 (2), penalty
substitute
Maximum penalty: 200 penalty units, imprisonment for 7 years or both.
42	Aiding prisoner to escape
Section 159
omit
5 years, a fine of $10 000
substitute
7 years, a fine of 200 penalty units
43	Escaping
Section 160
omit
5 years, a fine of $10 000
substitute
10 years, a fine of 200 penalty units
44	Accessory after the fact
Section 181 (a)
substitute
	(a)	if the firstmentioned offence is the crime of murder—imprisonment for life; or
45	Summary disposal of certain cases
Section 375 (1) (b)
substitute
	(b)	an offence punishable by imprisonment for not longer than 15 years.
46	Section 375 (2) (c)
omit
$10 000
substitute
$50 000
47	Section 375 (10)
omit
2 years nor impose a fine exceeding $5 000
substitute
5 years nor impose a fine exceeding 100 penalty units
48	Section 375 (11) 
omit
6 months nor impose a fine exceeding $1 000
substitute
2 years nor impose a fine exceeding 50 penalty units

Part 3	Criminal Code 2002
49	Legislation amended—pt 3
This part amends the Criminal Code 2002.
50	New section 318A
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 motor vehicle, or takes the motor vehicle for the purpose of driving it, without the consent of the owner or person in lawful possession of the motor 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 a motor 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 motor 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 Road Transport (General) Act 1999, dictionary.
51	False accounting
Section 350 (1), penalty
substitute
Maximum penalty:  1 000 penalty units, imprisonment for 10 years or both.
52	False statement by officer of body
Section 351 (1), penalty
substitute
Maximum penalty:  1 000 penalty units, imprisonment for 10 years or both.

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on	2005.
2	Notification
	Notified under the Legislation Act on	2005.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2005