An Act to amend the Crimes Act 1900 to provide for a maximum penalty of life imprisonment for aggravated sexual assault in company; and for related purposes.
1 Name of Act
This Act is the Crimes Amendment (Aggravated Sexual Assault in Company) Act 2001.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Amendment of Crimes Act 1900 No 40
The Crimes Act 1900 is amended as set out in Schedule 1.
4 Consequential amendment of other Acts
Each Act referred to in Schedule 2 is amended as set out in that Schedule.
Schedule 1 Amendment of Crimes Act 1900
(Section 3)
[1] Section 4 Definitions
Insert “, 61JA” after “61J” in the definition of Personal violence offence in section 4 (1).
[2] Section 61JA
Insert after section 61J:61JA Aggravated sexual assault in company(1) A person:(a) who has sexual intercourse with another person without the consent of the other person and who knows that the other person does not consent to the sexual intercourse, and(b) who is in the company of another person or persons, andis liable to imprisonment for life.(c) who:(i) at the time of, or immediately before or after, the commission of the offence, maliciously inflicts actual bodily harm on the alleged victim or any other person who is present or nearby, or(ii) at the time of, or immediately before or after, the commission of the offence, threatens to inflict actual bodily harm on the alleged victim or any other person who is present or nearby by means of an offensive weapon or instrument, or(iii) deprives the alleged victim of his or her liberty for a period before or after the commission of the offence,(2) A person sentenced to imprisonment for life for an offence under this section is to serve that sentence for the term of the person’s natural life.(3) Nothing in this section affects the operation of section 21 of the Crimes (Sentencing Procedure) Act 1999 (which authorises the passing of a lesser sentence than imprisonment for life).(4) Nothing in this section affects the prerogative of mercy.
[3] Section 61P Attempt to commit offence under sections 61I–61O
Insert “, 61JA” after “61J”.
[4] Section 61Q Alternative verdicts
Insert after section 61Q (1):(1A) Question of aggravation in company If on the trial of a person for an offence under section 61JA the jury is not satisfied that the accused is guilty of the offence charged, but is satisfied on the evidence that the accused is guilty of an offence under section 61I or 61J, it may find the person not guilty of the offence charged but guilty of the latter offence, and the accused is liable to punishment accordingly.
[5] Section 61Q (3)
Insert “or 61JA” after “61J”.
[6] Section 61R Consent
Omit “61I and 61J” wherever occurring.Insert instead “61I, 61J and 61JA”.
[7] Section 61T Offender married to victim
Insert “, 61JA” after “61J”.
[8] Section 61U Circumstances of certain sexual offences to be considered in passing sentence
Insert at the end of section 61U (b):or(c) both an offence under section 61JA and an offence under section 61K,
[9] Section 66EA Persistent sexual abuse of a child
Insert “, 61JA” after “61J” in the definition of sexual offence in section 66EA (12).
[10] Section 431A Life sentences
Insert “, for an offence under 61JA” after “for the offence of murder” in section 431A (2).
Schedule 2 Consequential amendment of other Acts
(Section 4)
Section 9 Presumption in favour of bail for certain offences—exceptions
Insert “, 61JA” after “61J” in section 9 (1) (c).
Section 3 Definitions
Insert “, 61JA” after “61J” in section 3 (9).
Schedule 1 Existing life sentences
Insert “or 61JA” after “19A” in the definition of existing life sentence in clause 1.
Section 3 Definitions
Insert “, 61JA” after “61J” in the definition of prescribed sexual offence in section 3 (1).