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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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