2007
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Mr Bill Stefaniak)
Sentencing Legislation Amendment Bill 2007

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	Manslaughter
Section 15 (2)	3
	5	Section 15 (3)	3
	6	Intentionally inflicting grievous bodily harm
Section 19 (1)	3
	7	Section 19 (2)	4
	8	Recklessly inflicting grievous bodily harm
Section 20 (1)	4
	9	Section 20 (2)	4
	10	Wounding
Section 21 (1)	4
	11	Section 21 (2)	5
	12	Assault with intent to commit certain indictable offences
Section 22	5
	13	Acts endangering life etc
Section 27 (3)	5
	14	Section 27 (4)	5
	15	Acts endangering health etc
Section 28 (2)	6
	16	Culpable driving of motor vehicle
Section 29 (2)	6
	17	Section 29 (3)	6
	18	Section 29 (4)	6
	19	Section 29 (5)	7
	20	Possession of object with intent to kill etc
Section 33	7
	21	Abduction of young person
Section 37	7
	22	Neglect etc of children
Section 39 (1), penalty	7
	23	Section 39 (3), penalty	8
	24	Sexual assault in the first degree 
Section 51 (1)	8
	25	Section 51 (2)	8
	26	Sexual assault in the second degree
Section 52 (1)	8
	27	Section 52 (2)	9
	28	Sexual assault in the third degree
Section 53 (1)	9
	29	Section 53 (2)	9
	30	Sexual intercourse without consent
Section 54 (1)	9
	31	Section 54 (2)	10
	32	Sexual intercourse with young person
Section 55 (1)	10
	33	Section 55 (2)	10
	34	Maintaining a sexual relationship with young person
Section 56 (5)	10
	35	Act of indecency in the first degree
Section 57	11
	36	Act of indecency in the second degree
Section 58	11
	37	Acts of indecency with young people
Section 61 (1)	11
	38	Section 61 (2)	11
	39	Abduction
Section 63	12
	40	Possessing child pornography
Section 65 (1), penalty	12
	41	Using the Internet etc to deprave young people
Section 66 (1), penalty, paragraph (a)	12
	42	Section 66 (1), penalty, paragraph (b)	12
	43	Section 66 (2), penalty	13
	44	Aiding prisoner to escape
Section 159, penalty	13
	45	Escaping
Section 160, penalty	13
	46	Summary disposal of certain cases
Section 375 (1) (b)	13
	47	Section 375 (2) (c)	13
	48	Section 375 (10)	14
	49	Section 375 (11)	14
Part 3	Crimes (Sentencing) Act 2005
	50	Legislation amended—pt 3	15
	51	Sentencing—relevant considerations
Section 33 (3), new note	15
	52	New section 33A	15
	53	New section 65A	16
Part 4	Criminal Code 2002
	54	Legislation amended—pt 4	21
	55	New section 318A	21
	56	False accounting
Section 350 (1), (2) and (3), penalty	22
	57	False statement by officer of body
Section 351 (1), penalty	22
Part 5	Supreme Court Act 1933
	58	Legislation amended—pt 5	23
	59	New sections 37SA and 37SB	23

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:

Part 1	Preliminary
1	Name of Act
This Act is the Sentencing Legislation Amendment Act 2007.
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	Manslaughter
Section 15 (2)
omit
20 years
substitute
25 years
5	Section 15 (3)
omit
26 years
substitute
30 years
6	Intentionally inflicting grievous bodily harm
Section 19 (1)
omit
15 years
substitute
20 years
7	Section 19 (2)
omit
20 years
substitute
25 years
8	Recklessly inflicting grievous bodily harm
Section 20 (1)
omit
10 years
substitute
15 years
9	Section 20 (2)
omit
13 years
substitute
16 years
10	Wounding
Section 21 (1)
omit
5 years
substitute
10 years
11	Section 21 (2)
omit
7 years
substitute
13 years
12	Assault with intent to commit certain indictable offences
Section 22
omit last mention of
5 years
substitute
10 years
13	Acts endangering life etc
Section 27 (3)
omit
10 years
substitute
20 years
14	Section 27 (4)
omit
15 years
substitute
25 years
15	Acts endangering health etc
Section 28 (2)
omit
5 years
substitute
10 years
16	Culpable driving of motor vehicle
Section 29 (2)
omit
7 years
substitute
15 years
17	Section 29 (3)
omit
9 years
substitute
17 years
18	Section 29 (4)
omit
4 years
substitute
10 years
19	Section 29 (5)
omit
5 years
substitute
10 years
20	Possession of object with intent to kill etc
Section 33
omit
5 years
substitute
10 years
21	Abduction of young person
Section 37
omit
5 years
substitute
10 years
22	Neglect etc of children
Section 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
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	Section 55 (2)
omit
14 years
substitute
17 years
34	Maintaining a sexual relationship with young person
Section 56 (5)
omit
7 years
substitute
10 years
35	Act of indecency in the first degree
Section 57
omit
15 years
substitute
20 years
36	Act of indecency in the second degree
Section 58
omit
12 years
substitute
15 years
37	Acts of indecency with young people
Section 61 (1)
omit
12 years
substitute
15 years
38	Section 61 (2)
omit
10 years
substitute
12 years
39	Abduction
Section 63
omit
10 years
substitute
15 years
40	Possessing child pornography
Section 65 (1), penalty
substitute
Maximum penalty:  700 penalty units, imprisonment for 7 years or both.
41	Using the Internet etc to deprave young people
Section 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 escape
Section 159, penalty
substitute
Maximum penalty:  200 penalty units, imprisonment for 7 years or both.
45	Escaping
Section 160, penalty
substitute
Maximum penalty:  200 penalty units, imprisonment for 10 years or both.
46	Summary disposal of certain cases
Section 375 (1) (b)
substitute
	(b)	an offence punishable by imprisonment for not longer than 15 years.
47	Section 375 (2) (c)
omit
$10 000
substitute
$50 000
48	Section 375 (10)
omit
2 years nor impose a fine exceeding $5 000
substitute
5 years nor impose a fine exceeding 100 penalty units
49	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	Crimes (Sentencing) Act 2005
50	Legislation amended—pt 3
This part amends the Crimes (Sentencing) Act 2005.
51	Sentencing—relevant considerations
Section 33 (3), new note
insert
Note	The court must also have regard to any relevant guideline judgment (see s 33A).
52	New section 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.
53	New section 65A
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.
55	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 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 accounting
Section 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 body
Section 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