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CRIMINAL LAW AMENDMENT BILL 2012

          Queensland



Criminal Law Amendment Bill
2012

 


 

 

Queensland Criminal Law Amendment Bill 2012 Contents Page Part 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Part 2 Amendment of Criminal Code 2 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 Amendment of s 305 (Punishment of murder) . . . . . . . . . . . . . . . 4 4 Amendment of s 340 (Serious assaults) . . . . . . . . . . . . . . . . . . . 5 5 Insertion of new ch 90 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Chapter 90 Transitional provision for Criminal Law Amendment Act 2012 729 Application of amendment Act . . . . . . . . . . . . . . . . . . 6 Part 3 Amendment of Corrective Services Act 2006 6 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 7 Amendment of s 181 (Parole eligibility date for prisoner serving term of imprisonment for life) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 8 Insertion of new ch 7A, pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Part 5 Transitional provision for Criminal Law Amendment Act 2012 490A Application of amendment Act . . . . . . . . . . . . . . . . . . 8 Part 4 Amendment of Criminal Law Amendment Act 1945 9 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 10 Amendment of s 18B (Parole orders under Corrective Services Act 2006) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Part 5 Amendment of Penalties and Sentences Act 1992 11 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 12 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 10 13 Replacement of s 15AH (Relevant considerations before giving or reviewing guideline judgment) . . . . . . . . . . . . . . . . . . . . . . . . . 10 15AH Relevant considerations before giving or reviewing guideline judgment . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

 


 

Criminal Law Amendment Bill 2012 Contents 14 Amendment of s 15AI (Procedural requirements if court decides to give or review guideline judgment) . . . . . . . . . . . . . . . . . . . . . . 10 15 Amendment of s 160A (Application of ss 160B-160D) . . . . . . . . 10 16 Amendment of s 171 (Review--periodic) . . . . . . . . . . . . . . . . . . . 11 17 Omission of pt 12 (Sentencing Advisory Council) . . . . . . . . . . . . 12 18 Insertion of new pt 14, div 1, hdg . . . . . . . . . . . . . . . . . . . . . . . . . 12 19 Insertion of new pt 14, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Division 2 Transitional provisions for Criminal Law Amendment Act 2012 221 Transitional provision for s 171 . . . . . . . . . . . . . . . . . . 12 222 Dissolution of Sentencing Advisory Council . . . . . . . . 13 Part 6 Amendment of Police Powers and Responsibilities Act 2000 20 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 21 Amendment of s 754 (Offence for driver of motor vehicle to fail to stop motor vehicle) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Part 7 Amendment of Youth Justice Act 1992 22 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 23 Amendment of s 176 (Sentence orders--life and other significant offences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 24 Insertion of new pt 11, div 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Division 9 Transitional provision for Criminal Law Amendment Act 2012 353 Application of Criminal Code, s 305 . . . . . . . . . . . . . . 15 Page 2

 


 

2012 A Bill for An Act to amend the Criminal Code, the Corrective Services Act 2006, the Criminal Law Amendment Act 1945, the Penalties and Sentences Act 1992, the Police Powers and Responsibilities Act 2000 and the Youth Justice Act 1992 for particular purposes

 


 

Criminal Law Amendment Bill 2012 Part 1 Preliminary [s 1] The Parliament of Queensland enacts-- 1 Part 1 Preliminary 2 Clause 1 Short title 3 This Act may be cited as the Criminal Law Amendment Act 4 2012. 5 Part 2 Amendment of Criminal Code 6 Clause 2 Act amended 7 This part amends the Criminal Code. 8 Clause 3 Amendment of s 305 (Punishment of murder) 9 (1) Section 305(2), `20'-- 10 omit, insert-- 11 `30'. 12 (2) Section 305-- 13 insert-- 14 `(4) If-- 15 (a) the person killed was a police officer at the time the act 16 or omission that caused the person's death was done or 17 made; and 18 (b) the person being sentenced did the act or made the 19 omission that caused the police officer's death-- 20 (i) when-- 21 Page 4

 


 

Criminal Law Amendment Bill 2012 Part 2 Amendment of Criminal Code [s 4] (A) the police officer was performing the 1 officer's duty; and 2 (B) the person knew or ought reasonably to have 3 known that he or she was a police officer; or 4 (ii) because the police officer was a police officer; or 5 (iii) because of, or in retaliation for, the actions of the 6 police officer or another police officer in the 7 performance of the officer's duty; 8 the court sentencing the person must make an order that the 9 person must not be released from imprisonment until the 10 person has served a minimum of 25 or more specified years of 11 imprisonment, unless released sooner under exceptional 12 circumstances parole under the Corrective Services Act 13 2006.'. 14 Clause 4 Amendment of s 340 (Serious assaults) 15 (1) Section 340(1), `crime, and is liable to imprisonment for 7 16 years.'-- 17 omit, insert-- 18 `crime. 19 `Maximum penalty-- 20 (a) for subsection (1)(b), if the offender assaults a police 21 officer in any of the following circumstances-- 22 (i) the offender bites or spits on the police officer or 23 throws at, or in any way applies to, the police 24 officer a bodily fluid or faeces; 25 (ii) the offender causes bodily harm to the police 26 officer; 27 (iii) the offender is, or pretends to be, armed with a 28 dangerous or offensive weapon or instrument--14 29 years imprisonment; or 30 (b) otherwise--7 years imprisonment.'. 31 (2) Section 340(2A)-- 32 Page 5

 


 

Criminal Law Amendment Bill 2012 Part 2 Amendment of Criminal Code [s 5] omit. 1 Clause 5 Insertion of new ch 90 2 After section 728-- 3 insert-- 4 `Chapter 90 Transitional provision for 5 Criminal Law Amendment 6 Act 2012 7 `729 Application of amendment Act 8 `(1) Section 305, as amended by the amendment Act, section 3, to 9 the extent the amendment Act increases the minimum number 10 of years of imprisonment to be served, applies only if-- 11 (a) for section 305(2)(a), at least 1 conviction of murder is 12 for an offence committed after the commencement, even 13 if the other offence or offences were committed before 14 the commencement; or 15 (b) for section 305(2)(b), either the conviction of murder is 16 for, or the other offence of murder taken into account is 17 for, an offence committed after the commencement, 18 even if one of those offences was committed before the 19 commencement; or 20 (c) for section 305(2)(c), either the conviction of murder is 21 for, or the other offence of murder for which the person 22 has previously been sentenced is for, an offence 23 committed after the commencement, even if one of 24 those offences was committed before the 25 commencement; or 26 (d) for section 305(4), the conviction of murder is for an 27 offence committed after the commencement. 28 `(2) For an offence mentioned in subsection (1) as having been 29 committed before the commencement, for which there was a 30 Page 6

 


 

Criminal Law Amendment Bill 2012 Part 3 Amendment of Corrective Services Act 2006 [s 6] conviction, it does not matter whether the conviction was 1 recorded before or after the commencement. 2 `(3) This section applies despite section 11 and the Acts 3 Interpretation Act 1954, section 20C(3). 4 `(4) In this section-- 5 amendment Act means the Criminal Law Amendment Act 6 2012. 7 commencement means the commencement of the amendment 8 Act, section 3. 9 minimum number of years of imprisonment to be served 10 means the minimum number of years of imprisonment a 11 person must serve before the person may be released from 12 imprisonment under an order made under section 305 by the 13 court sentencing the person.'. 14 Part 3 Amendment of Corrective 15 Services Act 2006 16 Clause 6 Act amended 17 This part amends the Corrective Services Act 2006. 18 Clause 7 Amendment of s 181 (Parole eligibility date for prisoner 19 serving term of imprisonment for life) 20 (1) Section 181(2) and (3)-- 21 omit, insert-- 22 `(2) The prisoner's parole eligibility date is the day after the day 23 on which the prisoner has served the following period of 24 time-- 25 (a) if the Criminal Code, section 305(2) applied on 26 sentence--30 years or the longer time ordered under 27 that section; 28 Page 7

 


 

Criminal Law Amendment Bill 2012 Part 3 Amendment of Corrective Services Act 2006 [s 8] (b) if the Criminal Code, section 305(4) applied on 1 sentence--25 years or the longer time ordered under 2 that section; 3 (c) if the prisoner is serving a term of imprisonment for life 4 for an offence of murder and paragraphs (a) and (b) do 5 not apply--20 years; 6 (d) otherwise--15 years.'. 7 (2) Section 181(4), `subsections (2) and (3)'-- 8 omit, insert-- 9 `subsection (2)'. 10 (3) Section 181(4)-- 11 renumber as section 181(3). 12 Clause 8 Insertion of new ch 7A, pt 5 13 Chapter 7A, after section 490-- 14 insert-- 15 `Part 5 Transitional provision for 16 Criminal Law Amendment Act 17 2012 18 `490A Application of amendment Act 19 `(1) For section 181(2)(a) as inserted by the amendment Act, a 20 prisoner's parole eligibility day continues to be the day after 21 the day on which the prisoner has served 20 years or the 22 longer time ordered under the Criminal Code, section 305(2) 23 if-- 24 (a) the Criminal Code, section 305(2) as amended by the 25 amendment Act did not apply on sentence; but 26 (b) that section as it existed before the commencement 27 applied on sentence. 28 Page 8

 


 

Criminal Law Amendment Bill 2012 Part 4 Amendment of Criminal Law Amendment Act 1945 [s 9] `(2) Section 181(2)(c) as inserted by the amendment Act only 1 applies to a prisoner who is serving a term of imprisonment 2 for life for an offence of murder committed after the 3 commencement. 4 `(3) In this section-- 5 amendment Act means the Criminal Law Amendment Act 6 2012. 7 commencement means the commencement of the amendment 8 Act, section 7.'. 9 Part 4 Amendment of Criminal Law 10 Amendment Act 1945 11 Clause 9 Act amended 12 This part amends the Criminal Law Amendment Act 1945. 13 Clause 10 Amendment of s 18B (Parole orders under Corrective 14 Services Act 2006) 15 (1) Section 18B(1)(a), from `to whom' to `apply'-- 16 omit, insert-- 17 `to whom the Corrective Services Act 2006, section 181(2)(d) 18 applies, subject to subsection (2)'. 19 (2) Section 18B(2), `181(2)'-- 20 omit, insert-- 21 `181(2)(d)'. 22 Page 9

 


 

Criminal Law Amendment Bill 2012 Part 5 Amendment of Penalties and Sentences Act 1992 [s 11] Part 5 Amendment of Penalties and 1 Sentences Act 1992 2 Clause 11 Act amended 3 This part amends the Penalties and Sentences Act 1992. 4 Clause 12 Amendment of s 4 (Definitions) 5 Section 4, definition council-- 6 omit. 7 Clause 13 Replacement of s 15AH (Relevant considerations before 8 giving or reviewing guideline judgment) 9 Section 15AH-- 10 omit, insert-- 11 `15AH Relevant considerations before giving or reviewing 12 guideline judgment 13 `If the court is considering giving or reviewing a guideline 14 judgment, the court must consider-- 15 (a) the need to promote consistency of approach in 16 sentencing offenders; and 17 (b) the need to promote public confidence in the criminal 18 justice system.'. 19 Clause 14 Amendment of s 15AI (Procedural requirements if court 20 decides to give or review guideline judgment) 21 Section 15AI(3)-- 22 omit. 23 Clause 15 Amendment of s 160A (Application of ss 160B-160D) 24 (1) Section 160A(4), example, after `305(2)'-- 25 Page 10

 


 

Criminal Law Amendment Bill 2012 Part 5 Amendment of Penalties and Sentences Act 1992 [s 16] insert-- 1 `and (4)'. 2 (2) Section 160A(5)(a), `181(2) or (3)'-- 3 omit, insert-- 4 `181(2)'. 5 Clause 16 Amendment of s 171 (Review--periodic) 6 (1) Section 171(1)(a)-- 7 omit, insert-- 8 `(a) must for the first time review the indefinite sentence 9 within 6 months after an offender has served the period 10 of time stated in subsection (2); and'. 11 (2) Section 171-- 12 insert-- 13 `(1A) For subsection (1)(a), the period of time the offender must 14 have served is-- 15 (a) for an offender whose nominal sentence is life 16 imprisonment for an offence of murder-- 17 (i) if the Criminal Code, section 305(2) applies on 18 sentence--30 years; or 19 (ii) if the Criminal Code, section 305(4) applies on 20 sentence--25 years; or 21 (iii) otherwise--20 years; or 22 (b) if the offender's nominal sentence is life imprisonment 23 and paragraph (a) does not apply--15 years; or 24 (c) otherwise--50% of the offender's nominal sentence.'. 25 (3) Section 171(3), from `Subsection (1)(a)' to `this 26 subsection,'-- 27 omit, insert-- 28 Page 11

 


 

Criminal Law Amendment Bill 2012 Part 5 Amendment of Penalties and Sentences Act 1992 [s 17] `Section 171(1)(a), as in force immediately before the 1 commencement of the Criminal Law Amendment Act 2002, 2 section 64,'. 3 (4) Section 171(3)-- 4 relocate as section 210(3). 5 (5) Section 171(1A) and (2)-- 6 renumber as section 171(2) and (3). 7 Clause 17 Omission of pt 12 (Sentencing Advisory Council) 8 Part 12-- 9 omit. 10 Clause 18 Insertion of new pt 14, div 1, hdg 11 Part 14, before section 206-- 12 insert-- 13 `Division 1 Transitional provisions before 14 Criminal Law Amendment Act 2012'. 15 Clause 19 Insertion of new pt 14, div 2 16 After section 220-- 17 insert-- 18 `Division 2 Transitional provisions for Criminal 19 Law Amendment Act 2012 20 `221 Transitional provision for s 171 21 `(1) For section 171(2)(a)(i) as inserted by the amendment Act, the 22 period of time an offender must have served before the 23 offender's indefinite sentence must be reviewed for the first 24 time continues to be 20 years if-- 25 Page 12

 


 

Criminal Law Amendment Bill 2012 Part 6 Amendment of Police Powers and Responsibilities Act 2000 [s 20] (a) the Criminal Code, section 305(2) as amended by the 1 amendment Act does not apply on sentence; but 2 (b) that section as it existed before the commencement 3 applies on sentence. 4 `(2) Section 171(2)(a)(iii), as inserted by the amendment Act, only 5 applies to an offender who is serving an indefinite sentence 6 for an offence of murder committed after the commencement. 7 `(3) In this section-- 8 amendment Act means the Criminal Law Amendment Act 9 2012. 10 commencement means the commencement of the amendment 11 Act, section 16. 12 `222 Dissolution of Sentencing Advisory Council 13 `(1) On the commencement of this section-- 14 (a) the Sentencing Advisory Council is dissolved; and 15 (b) the members of the Sentencing Advisory Council go out 16 of office. 17 `(2) No compensation is payable to a member because of 18 subsection (1).'. 19 Part 6 Amendment of Police Powers 20 and Responsibilities Act 2000 21 Clause 20 Act amended 22 This part amends the Police Powers and Responsibilities Act 23 2000. 24 Page 13

 


 

Criminal Law Amendment Bill 2012 Part 7 Amendment of Youth Justice Act 1992 [s 21] Clause 21 Amendment of s 754 (Offence for driver of motor vehicle 1 to fail to stop motor vehicle) 2 (1) Section 754(2), before `Maximum penalty'-- 3 insert-- 4 `Minimum penalty--50 penalty units.'. 5 (2) Section 754-- 6 insert-- 7 `(2A) If a court convicts a person of an offence against subsection 8 (2), the court, in addition to imposing a penalty, must 9 disqualify the person from holding or obtaining a Queensland 10 driver licence for 2 years.'. 11 (3) Section 754(2A) to (7)-- 12 renumber as section 754(3) to (8). 13 Part 7 Amendment of Youth Justice 14 Act 1992 15 Clause 22 Act amended 16 This part amends the Youth Justice Act 1992. 17 Clause 23 Amendment of s 176 (Sentence orders--life and other 18 significant offences) 19 (1) Section 176(6), `305(2) and (3)'-- 20 omit, insert-- 21 `305(2), (3) and (4)'. 22 (2) Section 176-- 23 insert-- 24 Page 14

 


 

Criminal Law Amendment Bill 2012 Part 7 Amendment of Youth Justice Act 1992 [s 24] `(7A) For the purpose of subsection (6), a reference in the Criminal 1 Code, section 305 to imprisonment is taken to be a reference 2 to detention.'. 3 (3) Section 176(7A) to (9)-- 4 renumber as section 176(8) to (10). 5 Clause 24 Insertion of new pt 11, div 9 6 After section 352-- 7 insert-- 8 `Division 9 Transitional provision for Criminal 9 Law Amendment Act 2012 10 `353 Application of Criminal Code, s 305 11 `(1) This section applies for the purpose of applying the Criminal 12 Code, section 305(2), (3) and (4) to a child under section 13 176(6) of this Act. 14 `(2) Section 305, as amended by the amendment Act, section 3, to 15 the extent the amendment Act increases the minimum number 16 of years of imprisonment to be served, applies only if-- 17 (a) for section 305(2)(a), at least 1 conviction of murder is 18 for an offence committed after the commencement, even 19 if the other offence or offences were committed before 20 the commencement; or 21 (b) for section 305(2)(b), either the conviction of murder is 22 for, or the other offence of murder taken into account is 23 for, an offence committed after the commencement, 24 even if one of those offences was committed before the 25 commencement; or 26 (c) for section 305(2)(c), either the conviction of murder is 27 for, or the other offence of murder for which the person 28 has previously been sentenced is for, an offence 29 committed after the commencement, even if one of 30 Page 15

 


 

Criminal Law Amendment Bill 2012 Part 7 Amendment of Youth Justice Act 1992 [s 24] those offences was committed before the 1 commencement; or 2 (d) for section 305(4), the conviction of murder is for an 3 offence committed after the commencement. 4 `(3) For an offence mentioned in subsection (2) as having been 5 committed before the commencement, for which there was a 6 conviction, it does not matter whether the conviction was 7 recorded before or after the commencement. 8 `(4) This section applies despite the Acts Interpretation Act 1954, 9 section 20C(3) and the Criminal Code, section 11. 10 `(5) In this section-- 11 amendment Act means the Criminal Law Amendment Act 12 2012. 13 commencement means the commencement of the amendment 14 Act, section 3. 15 minimum number of years of imprisonment to be served 16 means the minimum number of years of imprisonment a 17 person must serve before the person may be released from 18 imprisonment under an order made under the Criminal Code, 19 section 305 by the court sentencing the person.'. 20 State of Queensland 2012 Page 16

 


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