An Act to amend the Crimes (Sentencing Procedure) Act 1999 to make further provision with respect to aggravating and mitigating factors in sentencing and standard non-parole periods.
1 Name of Act
This Act is the Crimes (Sentencing Procedure) Amendment Act 2007.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Amendment of Crimes (Sentencing Procedure) Act 1999 No 92
The Crimes (Sentencing Procedure) Act 1999 is amended as set out in Schedule 1.
4 Repeal of Act
(1) This Act is repealed on the day following the day on which all of the provisions of this Act have commenced.(2) The repeal of this Act does not, because of the operation of section 30 of the Interpretation Act 1987, affect any amendment made by this Act.
Schedule 1 Amendments
(Section 3)
[1] Section 21A Aggravating, mitigating and other factors in sentencing
Insert after section 21A (2) (c):(ca) the offence involved the actual or threatened use of explosives or a chemical or biological agent,(cb) the offence involved the offender causing the victim to take, inhale or be affected by a narcotic drug, alcohol or any other intoxicating substance,
[2] Section 21A (2) (d)
Insert “(particularly if the offender is being sentenced for a serious personal violence offence and has a record of previous convictions for serious personal violence offences)” after “previous convictions”.
[3] Section 21A (2) (ea) and (eb)
Insert after section 21A (2) (e):(ea) the offence was committed in the presence of a child under 18 years of age,(eb) the offence was committed in the home of the victim or any other person,
[4] Section 21A (2) (ia) and (ib)
Insert after section 21A (2) (i):(ia) the actions of the offender were a risk to national security (within the meaning of the National Security Information (Criminal and Civil Proceedings) Act 2004 of the Commonwealth),(ib) the offence involved a grave risk of death to another person or persons,
[5] Section 21A (2) (o)
Insert after section 21A (2) (n):(o) the offence was committed for financial gain.
[6] Section 21A (3) (i)
Omit the paragraph. Insert instead:(i) the remorse shown by the offender for the offence, but only if:(i) the offender has provided evidence that he or she has accepted responsibility for his or her actions, and(ii) the offender has acknowledged any injury, loss or damage caused by his or her actions or made reparation for such injury, loss or damage (or both),
[7] Section 21A (6)
Insert after section 21A (5):(6) In this section:serious personal violence offence means a personal violence offence (within the meaning of section 562A of the Crimes Act 1900) that is punishable by imprisonment for life or for a term of 5 years or more.
[8] Part 4, Division 1A, Table
Insert after item 1A:
[9] Part 4, Division 1A, Table
Insert after item 4:
[10] Part 4, Division 1A, Table
Omit “5 years” from item 9B (the matter relating to section 61M (2) of the Crimes Act 1900).Insert instead “8 years”.
[11] Part 4, Division 1A, Table
Omit “car-jacking” wherever occurring in items 14 and 15.Insert instead “taking motor vehicle or vessel with assault or with occupant on board”.
[12] Part 4, Division 1A, Table
Renumber item 15A as item 15B. Insert before that renumbered item:
[13] Part 4, Division 1A, Table
Insert before item 16:
[14] Part 4, Division 1A, Table
Insert after item 20:
[15] Schedule 2 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
[16] Schedule 2, Part 17
Insert after Part 16:Part 17 Provisions consequent on enactment of Crimes (Sentencing Procedure) Amendment Act 200757 Existing offences and proceedingsThe amendments made to this Act by the Crimes (Sentencing Procedure) Amendment Act 2007 apply to the determination of a sentence for an offence whenever committed, unless:(a) the court has convicted the person being sentenced of the offence, orbefore the commencement of the amendments.(b) a court has accepted a plea of guilty and the plea has not been withdrawn,