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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Statutes Amendment (Assaults on Police)
Bill 2013
A BILL FOR
An Act to amend the Criminal
Law Consolidation Act 1935 and the Criminal
Law (Sentencing) Act 1988.
Contents
Part 1—Preliminary
1Short
title
2Amendment provisions
Part 2—Amendment of Criminal Law
Consolidation Act 1935
3Amendment of section 23—Causing serious
harm
4Amendment of section
270A—Attempts
5Amendment of section 270AB—Attempted
manslaughter
Part 3—Amendment of Criminal Law
(Sentencing) Act 1988
6Amendment of section 32—Duty of court to
fix or extend non-parole periods
Part 4—Transitional
provision
7Transitional provision
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Statutes Amendment (Assaults on Police)
Act 2013.
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 Consolidation
Act 1935
3—Amendment
of section 23—Causing serious harm
(1) Section 23(1), penalty provision, (b)—delete
paragraph (b) and substitute:
(b) for an aggravated offence—
(i) if the offence is aggravated under section 5AA(1)(c) where the
victim is a police officer—imprisonment for not less than 1 year and
not more than 25 years;
(ii) in any other case—imprisonment for 25 years.
(2) Section 23(3), penalty provision, (b)—delete
paragraph (b) and substitute:
(b) for an aggravated offence—
(i) if the offence is aggravated under section 5AA(1)(c) where the
victim is a police officer—imprisonment for not less than 6 months
and not more than 19 years;
(ii) in any other case—imprisonment for 19 years.
(3) Section 23—after subsection (3) insert:
(4) Despite any
other Act or law, a minimum penalty for an aggravated offence fixed under this
section applies to an offender who is aged 16 years or more at the time of
the offence and cannot be—
(a) reduced or mitigated in any way; or
(b) substituted by any other penalty or sentence.
4—Amendment
of section 270A—Attempts
(1) Section 270A(3)—delete subsection (3) and substitute:
(3) The maximum penalty for an attempt to which this section applies is as
follows:
(a) in the case of attempted treason—imprisonment for
life;
(b) in the case of attempted murder—
(i) if the offence is aggravated under section 5AA(1)(c) where the
victim is a police officer—imprisonment for not less than 4 years and
not more than for life; or
(ii) in any other case—imprisonment for life;
(c) if the penalty or maximum penalty for the principal offence (not being
treason or murder) is imprisonment for life—imprisonment for
12 years;
(d) in any other case—two-thirds of the maximum penalty prescribed
for the principal offence.
(2) Section 270A—after subsection (4) insert:
(5) Despite any
other Act or law, the minimum penalty applicable under subsection (3)(b)(i)
applies to an offender who is aged 16 years or more at the time of the
offence and cannot be—
(a) reduced or mitigated in any way; or
(b) substituted by any other penalty or sentence.
5—Amendment
of section 270AB—Attempted manslaughter
(1) Section 270AB(2)—delete subsection (2) and substitute:
(2) The maximum penalty for attempted manslaughter is—
(a) if the offence is aggravated under section 5AA(1)(c) where the
victim is a police officer—imprisonment for not less than 2 years and
not more than 12 years; or
(b) in any other case—imprisonment for 12 years.
(2) Section 270AB—after subsection (3) insert:
(4) Despite any other Act or law, the minimum penalty for an aggravated
offence fixed under subsection (2)(a) applies to an offender who is aged
16 years or more at the time of the offence and cannot be—
(a) reduced or mitigated in any way; or
(b) substituted by any other penalty or sentence.
Part 3—Amendment
of Criminal Law (Sentencing)
Act 1988
6—Amendment
of section 32—Duty of court to fix or extend non-parole
periods
Section 32(5)—after paragraph (ba) insert:
(bb) if fixing a non-parole period in respect of a person sentenced to
imprisonment for an offence for which a mandatory minimum period of imprisonment
is prescribed, any non-parole period fixed under this section must be a period
not less than the prescribed mandatory minimum period of imprisonment;
An amendment made by this Act to the Criminal
Law Consolidation Act 1935 or the Criminal
Law (Sentencing) Act 1988 applies in relation to an offence
occurring after the commencement of the amendment.