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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Criminal Law Amendment Bill 2001
CONTENTS
Part 1 -- Preliminary
1. Short title 2
Part 2 -- The Criminal Code amended
2. The Criminal Code amended 3
3. Section 297 amended 3
4. Section 301 amended 3
5. Section 313 amended 4
6. Section 317 amended 4
7. Section 317A amended 5
8. Heading to Chapter XXXVIII amended 5
9. Sections 391 to 394 replaced 5
10 . Consequential amendments 8
11 . Section 409 amended 9
Part 3 -- Sentencing Act 1995 amended
12 . Section 6 amended 10
page i
25--1
Western Australia
LEGISLATIVE ASSEMBLY
Criminal Law Amendment Bill 2001
A Bill for
An Act to amend --
• The Criminal Code; and
• the Sentencing Act 1995,
and to consequentially amend various other Acts.
The Parliament of Western Australia enacts as follows:
page 1
Criminal Law Amendment Bill 2001
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Criminal Law Amendment
Act 2001.
page 2
Criminal Law Amendment Bill 2001
The Criminal Code amended Part 2
s. 2
Part 2 -- The Criminal Code amended
2. The Criminal Code amended
The amendments in this Part are to The Criminal Code*.
[* Reprinted as at 9 February 2001 as the Schedule to the
5 Criminal Code Act 1913 appearing as Appendix B to the
Criminal Code compilation Act 1913.]
3. Section 297 amended
Section 297 is amended by inserting after the second paragraph
the following paragraph --
10 "
If the person harmed is of or over the age of 60 years,
the offender is liable to imprisonment for 14 years.
".
4. Section 301 amended
15 Section 301 is amended by deleting "misdemeanour, and is
liable to imprisonment for 5 years." and the summary
conviction penalty at the foot of the section and inserting
instead --
"
20 crime, and is liable --
(a) if the person wounded is of or over the age of
60 years, to imprisonment for 7 years; or
(b) in any other case, to imprisonment for 5 years.
Summary conviction penalty:
25 (a) in a case to which paragraph (a) above applies:
imprisonment for 3 years or a fine of $12 000;
or
(b) in a case to which paragraph (b) above applies:
imprisonment for 2 years or a fine of $8 000.
30 ".
page 3
Criminal Law Amendment Bill 2001
Part 2 The Criminal Code amended
s. 5
5. Section 313 amended
Section 313 is amended by deleting "liable to imprisonment for
18 months or a fine of $6 000." and inserting instead --
"
5 liable --
(a) if the person assaulted is of or over the age of
60 years, to imprisonment for 3 years or a fine
of $12 000; or
(b) in any other case, to imprisonment for
10 18 months or a fine of $6 000.
".
6. Section 317 amended
Section 317(1) is amended by deleting "liable to imprisonment
for 5 years." and the summary conviction penalty at the foot of
15 the subsection and inserting instead --
"
liable --
(a) if the person assaulted is of or over the age of
60 years, to imprisonment for 7 years; or
20 (b) in any other case, to imprisonment for 5 years.
Summary conviction penalty:
(a) in a case to which paragraph (a) above applies:
imprisonment for 3 years or a fine of $12 000;
or
25 (b) in a case to which paragraph (b) above applies:
imprisonment for 2 years or a fine of $8 000.
".
page 4
Criminal Law Amendment Bill 2001
The Criminal Code amended Part 2
s. 7
7. Section 317A amended
Section 317A is amended by deleting "liable to imprisonment
for 5 years." and the summary conviction penalty at the foot of
the section and inserting instead --
5 "
liable --
(a) if the person assaulted is of or over the age of
60 years, to imprisonment for 7 years; or
(b) in any other case, to imprisonment for 5 years.
10 Summary conviction penalty:
(a) in a case to which paragraph (a) above applies:
imprisonment for 3 years or a fine of $12 000; or
(b) in a case to which paragraph (b) above applies:
imprisonment for 2 years or a fine of $8 000.
15 ".
8. Heading to Chapter XXXVIII amended
The heading to Chapter XXXVIII is amended by deleting
"Stealing with violence:" and inserting instead --
" Robbery: ".
20 9. Sections 391 to 394 replaced
Sections 391 to 394 are repealed and the following sections are
inserted instead --
"
391. Definition for sections 392 and 393
25 In sections 392 and 393 --
"circumstances of aggravation" means circumstances
in which --
(a) immediately before or at or immediately
after the commission of the offence --
30 (i) the offender is in company with another
person or persons;
page 5
Criminal Law Amendment Bill 2001
Part 2 The Criminal Code amended
s. 9
(ii) the offender does bodily harm to any
person; or
(iii) the offender threatens to kill any person;
or
5 (b) the person to whom violence is used or
threatened is of or over the age of 60 years.
392. Robbery
A person who steals a thing and, immediately before or
at the time of or immediately after doing so, uses or
10 threatens to use violence to any person or property in
order --
(a) to obtain the thing stolen; or
(b) to prevent or overcome resistance to its being
stolen,
15 is guilty of a crime and is liable --
(c) if immediately before or at or immediately after
the commission of the offence the offender is
armed with any dangerous or offensive weapon
or instrument or pretends to be so armed, to
20 imprisonment for life;
(d) if the offence is committed in circumstances of
aggravation, to imprisonment for 20 years; or
(e) in any other case, to imprisonment for 14 years.
393. Assault with intent to rob
25 A person who, with intent to steal a thing, uses or
threatens to use violence to any person or property in
order --
(a) to obtain the thing intended to be stolen; or
page 6
Criminal Law Amendment Bill 2001
The Criminal Code amended Part 2
s. 9
(b) to prevent or overcome resistance to its being
stolen,
is guilty of a crime and is liable --
(c) if --
5 (i) immediately before or at or immediately
after the commission of the offence the
offender is armed with any dangerous or
offensive weapon or instrument or
pretends to be so armed; and
10 (ii) the offence is committed in
circumstances of aggravation,
to imprisonment for life;
(d) if --
(i) immediately before or at or immediately
15 after the commission of the offence the
offender is armed with any dangerous or
offensive weapon or instrument or
pretends to be so armed; or
(ii) the offence is committed in
20 circumstances of aggravation,
to imprisonment for 14 years; or
(e) in any other case, to imprisonment for 10 years.
".
page 7
Criminal Law Amendment Bill 2001
Part 2 The Criminal Code amended
s. 10
10. Consequential amendments
(1) The Bail Act 1982* is amended in Schedule 2 item 1 by deleting
the entries relating to offences under sections 391 (as read with
section 393) and 394 of The Criminal Code and inserting
5 instead --
"
s. 392 Robbery
s. 393 Assault with intent to rob
".
10 [* Reprinted as at 27 August 1999.
For subsequent amendments see 2000 Index to Legislation of
Western Australia, Table 1, p. 32.]
(2) The Criminal Law (Mentally Impaired Defendants) Act 1996* is
amended in Schedule 1 item 1 by deleting the entries relating to
15 offences under sections 391 (as read with section 393) and 394
of The Criminal Code and inserting instead --
"
s. 392 Robbery
s. 393 Assault with intent to rob
20 ".
[* Act No. 70 of 1996.
For subsequent amendments see 2000 Index to Legislation of
Western Australia, Table 1, p. 108.]
(3) The Evidence Act 1906* is amended in the Second Schedule
25 Part 1 by deleting the entries relating to offences under
sections 391 (as read with section 393), 394 and 395 of
The Criminal Code and inserting instead --
"
s. 392 Robbery
30 s. 393 Assault with intent to rob
".
[* Reprinted as at 4 January 2001.]
page 8
Criminal Law Amendment Bill 2001
The Criminal Code amended Part 2
s. 11
(4) The Young Offenders Act 1994* is amended in Schedule 2
item 1 by deleting the entries relating to offences under
sections 391 (as read with section 393) and 394 of The Criminal
Code and inserting instead --
5 "
s. 392 Robbery
s. 393 Assault with intent to rob
".
[* Reprinted as at 8 December 2000.]
10 11. Section 409 amended
Section 409(1) is amended by deleting "liable to imprisonment
for 7 years." and the summary conviction penalty at the foot of
the subsection and inserting instead --
"
15 liable --
(g) if the person deceived is of or over the age of
60 years, to imprisonment for 10 years; or
(h) in any other case, to imprisonment for 7 years.
Summary conviction penalty (subject to
20 subsection (2)):
(a) in a case to which paragraph (g) applies:
imprisonment for 3 years or a fine of
$12 000; or
(b) in a case to which paragraph (h) applies:
25 imprisonment for 2 years or a fine of
$8 000.
".
page 9
Criminal Law Amendment Bill 2001
Part 3 Sentencing Act 1995 amended
s. 12
Part 3 -- Sentencing Act 1995 amended
12. Section 6 amended
Section 6(2)(b) of the Sentencing Act 1995* is amended by
inserting after "offence" --
5 " , including the vulnerability of any victim of the offence ".
[* Reprinted as at 4 May 2001.]
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