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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 of
Child Sex Offenders) Amendment Bill 2010
A BILL FOR
An Act to amend the Criminal Law (Sentencing)
Act 1988.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Criminal Law (Sentencing)
Act 1988
4 Amendment of section 20—This Division
does not affect mandatory sentences
5 Insertion of Part 2
Division 2B
Division 2B—Mandatory imprisonment for child sex
offenders
20D Mandatory imprisonment for child sex
offenders
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Criminal Law (Sentencing) (Mandatory
Imprisonment of Child Sex Offenders) Amendment Act 2010.
This Act will come into operation 1 month after the day on which it is
assented to by the Governor.
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
4—Amendment of
section 20—This Division does not affect mandatory
sentences
Section 20—after its present contents (now to be designated as
subsection (1)) insert:
(2) Except as specifically provided in this Act, nothing in this Division
derogates from a provision of this Act that expressly prohibits the reduction,
mitigation or substitution of penalties or sentences.
5—Insertion of
Part 2 Division 2B
After section 20C insert:
Division 2B—Mandatory imprisonment for child
sex offenders
20D—Mandatory imprisonment for child sex
offenders
(1) Subject to subsection (2), the following provisions apply in
relation to the determination of sentence for a prescribed sexual offence
(whether committed before or after the commencement of this section) with which
a person is first charged after the commencement of this section:
(a) a court must, in relation to such an offence, impose a sentence of
imprisonment of—
(i) if the maximum period of imprisonment prescribed in relation to the
offence is life—not less than 10 years; or
(ii) in any other case—not less than one third of the maximum period
of imprisonment prescribed in relation to the offence (rounded to the next whole
day);
(b) a sentence of imprisonment required to be imposed under
paragraph (a) constitutes a mandatory minimum non-parole period for the
offence;
(c) such a sentence may not be suspended, reduced or mitigated, or
substituted with any other penalty or sentence, except with the agreement of the
Director of Public Prosecutions.
(2) Subsection (1)(c) does not prevent a court from sentencing the
person under section 18A to one penalty for a number of
offences.
(3) For the purposes of subsection (1), a person will not be taken to
have been first charged with a prescribed sexual offence in relation to
particular conduct if the person has previously been charged with that or
another prescribed sexual offence in relation to the conduct.
(4) In this section—
prescribed sexual offence means any of the following offences
committed against or in respect of a child under the age of
14 years:
(a) an offence under section 48, 48A, 49(1), 50, 56, 58, 59, 60, 61,
63, 63B, 66, 67, 68 or 72 of the Criminal Law Consolidation
Act 1935;
(b) a conspiracy to commit, or an attempt to commit, any of those
offences;
(c) aiding, abetting, counselling or procuring the commission of any of
those offences;
(d) an offence against a law previously in force in this State that
corresponds to an offence referred to in any of the previous
paragraphs.