SENTENCING AMENDMENT BILL 2022

Northern Territory Bills

This is a Bill, not an Act. For current law, see the Acts databases.

Serial 39
Sentencing Amendment Bill 2022
Ms Finocchiaro

A Bill for an Act to amend the Sentencing Act 1995 to provide for mandatory sentencing of offenders for assaults to police or workers

NORTHERN TERRITORY OF AUSTRALIA

SENTENCING AMENDMENT ACT 2022

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Act No. [ ] of 2022

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Table of provisions

78DC Level 3 offence – first offence

NORTHERN TERRITORY OF AUSTRALIA

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Act No. [ ] of 2022

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An Act to amend the Sentencing Act 1995 to provide for mandatory sentencing of offenders for assaults to police or workers

[Assented to [ ] 2022]

[Introduced [ ] 2022]

The Legislative Assembly of the Northern Territory enacts as follows:

1 Short title

This Act may be cited as the Sentencing Amendment Act 2022.

2 Commencement

This Act commences on the day after the day on which the Administrator's assent to this Act is declared.

3 Act amended

This Act amends the Sentencing Act 1995.

4 Section 78CA amended (Offence levels)

(1) Section 78CA(3)(b)(ii)

omit

offence.

insert

offence;

(2) After section 78CA(3)(b)

insert

(c) an offence against section 188A or 189A of the Criminal Code if the offence is not a level 5 offence or level 4 offence.

5 Section 78DC replaced

Section 78DC

repeal, insert

78DC Level 3 offence – first offence

The court must impose a term of actual imprisonment if:

(a) a court finds an offender guilty of a level 3 offence; and

(b) in the case of an offence mentioned in section 78CA(3)(a) or (b) – the victim suffers physical harm as a result of the offence; and

6 Repeal of Act

This Act is repealed on the day after it commences.