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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Criminal Law (Sentencing) (Mandatory Imprisonment for
Serious Domestic Violence Offenders) Amendment
Bill 2017
A BILL FOR
An Act to amend the
Criminal
Law (Sentencing) Act 1988
.
Contents
Part 2—Amendment of Criminal Law
(Sentencing) Act 1988
3Insertion of Part 2
Division 2AB
Division 2AB—Serious domestic
violence offenders
20AADMandatory sentence of
imprisonment
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Criminal Law (Sentencing) (Mandatory
Imprisonment for Serious Domestic Violence Offenders) Amendment
Act 2017.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Criminal Law (Sentencing)
Act 1988
3—Insertion
of Part 2 Division 2AB
After section 20AAC insert:
Division 2AB—Serious domestic violence
offenders
20AAD—Mandatory sentence of
imprisonment
(1) Despite any other provision of this Act or any other Act or law, the
following provisions apply in relation to the sentencing of a person who has
been convicted of a serious domestic violence offence (whether the offence was
committed as an adult or as a youth):
(a) a sentence of
imprisonment of at least 2 years must be imposed on the person;
(b) the sentence of
imprisonment cannot be suspended;
(c) section 18 does not apply in respect of the sentencing of the
person;
(d) if—
(i) the person is also being sentenced in respect of other offences;
and
(ii) 1 or more of those offences are not serious domestic violence
offences,
section 18A does not apply to the sentencing of the person in respect
of the serious domestic violence offence (however nothing in this paragraph
affects the operation of section 18A in respect of the other
offences).
(2) For the purposes of this section, a reference to imprisonment
includes, in the case of a youth, a reference to detention in a training centre
or home detention (within the meaning of the
Young
Offenders Act 1993
).
(3) In this section—
close personal relationship has the same meaning as in Part 3
of the
Family
Relationships Act 1975
;
prescribed provision, in relation to the
Criminal
Law Consolidation Act 1935
, means any of the following provisions of Part 3 of that Act:
(a) Division 7;
(b) Division 7A;
(c) Division 8;
(d) Division 11 (other than section 58);
serious domestic violence offence means—
(a) an offence against a prescribed provision of the
Criminal
Law Consolidation Act 1935
where—
(i) a relationship described in section 5AA(1)(g) of the
Criminal
Law Consolidation Act 1935
exists between the victim of the offence and the offender; or
(ii) the victim of the offence is or has been in a close personal
relationship with the offender; or
(b) an offence against Part 3 Division 8 of the
Criminal
Law Consolidation Act 1935
where the child to whom the offence relates is a grandchild of the
offender; or
(c) an offence against section 72 of the
Criminal
Law Consolidation Act 1935
where the close family member to whom the offence relates is a child or
grandchild of the offender.