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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Criminal Code Amendment Bill 2008
CONTENTS
1. Short title 2
2. Commencement 2
3. The Criminal Code amended 2
4. Section 297 amended 2
5. Section 318 amended 4
6. Section 740A inserted 5
740A. Review of certain amendments to s. 297
and 318 5
014--3 page i
Western Australia
LEGISLATIVE ASSEMBLY
(As amended in Committee)
Criminal Code Amendment Bill 2008
A Bill for
An Act to amend The Criminal Code.
The Parliament of Western Australia enacts as follows:
page 1
Criminal Code Amendment Bill 2008
s. 1
1 1. Short title
2 This is the Criminal Code Amendment Act 2008.
3 2. Commencement
4 This Act comes into operation as follows --
5 (a) sections 1 and 2 -- on the day on which this Act
6 receives the Royal Assent;
7 (b) the rest of the Act -- on the day after that day.
8 3. The Criminal Code amended
9 This Act amends The Criminal Code.
10 4. Section 297 amended
11 After section 297(4) insert:
12
13 (5) If the offence is committed in prescribed circumstances
14 by a person who has reached 16 but not 18 years of
15 age, then, notwithstanding the Young Offenders
16 Act 1994 and in particular section 46(5a) of it, the court
17 sentencing the offender --
18 (a) must sentence the offender either --
19 (i) to a term of imprisonment of at least
20 3 months, notwithstanding the
21 Sentencing Act 1995 section 86; or
22 (ii) to a term of detention (as defined in the
23 Young Offenders Act 1994 section 3) of
24 at least 3 months,
25 as the court thinks fit; and
26 (b) must not suspend any term of imprisonment
27 imposed under paragraph (a)(i); and
28 (c) must record a conviction against the offender.
page 2
Criminal Code Amendment Bill 2008
s. 4
1 (6) Subsection (5) does not prevent a court from making a
2 direction under the Young Offenders Act 1994
3 section 118(4) or a special order under Part 7
4 Division 9 of that Act.
5 (7) If the offence is committed in prescribed circumstances
6 by a person who has reached 18 years of age, then,
7 notwithstanding any other written law, the court
8 sentencing the offender --
9 (a) must sentence the offender to a term of
10 imprisonment of at least 12 months; and
11 (b) must not suspend the term of imprisonment
12 imposed under paragraph (a).
13 (8) In subsections (5) and (7) --
14 prescribed circumstances means any of these
15 circumstances --
16 (a) where the offence is committed in the
17 circumstances set out in subsection (4)(a) or (b)
18 and the public officer is --
19 (i) a police officer; or
20 (ii) a prison officer as defined in the Prisons
21 Act 1981 section 3(1); or
22 (iii) a security officer as defined in the
23 Public Transport Authority Act 2003
24 section 3;
25 (b) where the offence is committed in the
26 circumstances set out in subsection (4)(d)(i), (f)
27 or (g).
page 3
Criminal Code Amendment Bill 2008
s. 5
1 5. Section 318 amended
2 After section 318(1) insert:
3
4 (2) If a person is convicted of an offence against this
5 section committed in prescribed circumstances at a
6 time when the person had reached 16 but not 18 years
7 of age, then, notwithstanding the Young Offenders
8 Act 1994 and in particular section 46(5a) of it, the court
9 sentencing the person --
10 (a) must sentence the offender to either --
11 (i) a term of imprisonment of at least
12 3 months, notwithstanding the
13 Sentencing Act 1995 section 86; or
14 (ii) to a term of detention (as defined in the
15 Young Offenders Act 1994 section 3) of
16 at least 3 months,
17 as the court thinks fit; and
18 (b) must not suspend any term of imprisonment
19 imposed under paragraph (a)(i); and
20 (c) must record a conviction against the person.
21 (3) Subsection (2) does not prevent a court from making a
22 direction under the Young Offenders Act 1994
23 section 118(4) or a special order under Part 7
24 Division 9 of that Act.
25 (4) If a person is convicted of an offence against this
26 section committed in prescribed circumstances at a
27 time when the person had reached 18 years of age,
28 then, notwithstanding any other written law, the court
29 sentencing the person --
30 (a) if the offence is committed in the circumstances
31 set out in subsection (1)(l) -- must sentence the
32 person to a term of imprisonment of at least
33 9 months;
page 4
Criminal Code Amendment Bill 2008
s. 6
1 (b) if the offence is not committed in the
2 circumstances set out in subsection (1)(l) --
3 must sentence the person to a term of
4 imprisonment of at least 6 months,
5 and must not suspend the term of imprisonment
6 imposed under paragraph (a) or (b).
7 (5) In subsections (2) and (4) --
8 prescribed circumstances means any of these
9 circumstances --
10 (a) where the offence is committed under
11 subsection (1)(d) or (e) against a public officer
12 who is --
13 (i) a police officer; or
14 (ii) a prison officer as defined in the Prisons
15 Act 1981 section 3(1); or
16 (iii) a security officer as defined in the
17 Public Transport Authority Act 2003
18 section 3,
19 and the officer suffers bodily harm;
20 (b) where the offence is committed under
21 subsection (1)(h)(i), (j) or (k) and the person
22 assaulted suffers bodily harm.
23 6. Section 740A inserted
24 After section 739 insert:
25
26 740A. Review of certain amendments to s. 297 and 318
27 (1) The Minister shall carry out a review of the operation
28 and effectiveness of the amendments made to this Code
29 by the Criminal Code Amendment Act 2008 as soon as
30 practicable after the third anniversary of the day on
31 which those amendments came into operation.
page 5
Criminal Code Amendment Bill 2008
s. 6
1 (2) The Minister shall prepare a report based on the review
2 made under subsection (1), and shall, as soon as is
3 practicable after that preparation, cause the report to be
4 laid before each House of Parliament.
5
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