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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Criminal Code (Serious
Assaults on Police and
Particular Other Persons)
Amendment Bill 2010
Queensland
Criminal Code (Serious Assaults on
Police and Particular Other Persons)
Amendment Bill 2010
Contents
Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Amendment of s 340 (Serious assaults) . . . . . . . . . . . . . . . . . . . 4
2010
A Bill
for
An Act to amend the Criminal Code to provide for mandatory
sentencing for serious assaults on police officers and
particular other persons
Criminal Code (Serious Assaults on Police and Particular Other Persons) Amendment Bill
2010
[s 1]
The Parliament of Queensland enacts-- 1
Clause 1 Short title 2
This Act may be cited as the Criminal Code (Serious Assaults 3
on Police and Particular Other Persons) Amendment Act 4
2010. 5
Clause 2 Act amended 6
This Act amends the Criminal Code. 7
Clause 3 Amendment of s 340 (Serious assaults) 8
(1) After section 340(2A)-- 9
insert-- 10
`(2B) Subsection (2C) applies if a person is convicted of an offence 11
against subsection (1)(b) or (2AA), and the offence involves 12
circumstances in which the person-- 13
(a) does bodily harm to a prescribed person; or 14
(b) bites, spits on or throws a bodily fluid or faeces at a 15
prescribed person. 16
`(2C) The court sentencing the person-- 17
(a) must sentence the person to a term of imprisonment of 18
at least 3 months; and 19
(b) if the sentence is 3 months--may not, despite the 20
Penalties and Sentences Act 1992, section 144, order 21
that the whole or part of the term of imprisonment be 22
suspended; and 23
(c) if the sentence is more than 3 months--may not, despite 24
the Penalties and Sentences Act 1992, section 144, order 25
that the whole or part of the first 3 months of the term of 26
imprisonment be suspended. 27
Page 4
Criminal Code (Serious Assaults on Police and Particular Other Persons) Amendment Bill
2010
[s 3]
`(2D) However, if the person is convicted as a child under the 1
Juvenile Justice Act 1992, subsection (2C) does not apply if 2
the court is satisfied exceptional circumstances exist. 3
`(2E) Subsections (2B) to (2D) apply despite any other Act or law.'. 4
(2) Section 340(3)-- 5
insert-- 6
`prescribed person means-- 7
(a) a police officer; or 8
(b) a public officer who is a member, officer or employee of 9
the Queensland Ambulance Service or the Queensland 10
Fire and Rescue Service; or 11
(c) a member of a rural fire brigade. 12
rural fire brigade means a rural fire brigade registered under 13
the Fire and Rescue Service Act 1990, section 79.'. 14
Page 5
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