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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Crimes and Other Legislation Amendment
(Assault and Intoxication) Bill 2014
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Crimes Act 1900 No 40 3
Schedule 2 Amendment of Law Enforcement (Powers and Responsibilities)
Act 2002 No 103 6
Schedule 3 Amendment of Crimes (Sentencing Procedure) Act 1999 No 92 8
Schedule 4 Amendment of Drug Misuse and Trafficking Act 1985 No 226 9
Schedule 5 Amendment of Summary Offences Act 1988 No 25 and Criminal
Procedure Regulation 2010 11
Schedule 6 Consequential amendment of other Acts 12
b2013-187-33.d27
This public bill which originated in the Legislative Assembly, has passed and is now ready
for presentation to the Legislative Council for its concurrence.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2014
New South Wales
Crimes and Other Legislation Amendment
(Assault and Intoxication) Bill 2014
Act No , 2014
An Act to amend the Crimes Act 1900, the Law Enforcement (Powers and Responsibilities) Act
2002, the Crimes (Sentencing Procedure) Act 1999 and other legislation relating to assaults and
intoxication and to other matters.
See also the Liquor Amendment Bill 2014.
EXAMINED
Assistant Speaker
Crimes and Other Legislation Amendment (Assault and Intoxication) Bill 2014 [NSW]
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Crimes and Other Legislation Amendment (Assault and Intoxication) 3
Act 2014. 4
2 Commencement 5
(1) This Act commences on the date of assent to this Act, except as provided by 6
subsection (2). 7
(2) Schedule 5 commences on a day or days to be appointed by proclamation. 8
Page 2
Crimes and Other Legislation Amendment (Assault and Intoxication) Bill 2014 [NSW]
Schedule 1 Amendment of Crimes Act 1900 No 40
Schedule 1 Amendment of Crimes Act 1900 No 40 1
[1] Section 4 Definition of "Intoxication" 2
Insert after the definition of Intoxicating substance in section 4 (1): 3
Intoxication has the same meaning it has in Part 11A. 4
[2] Sections 25A and 25B 5
Insert at the end of Division 1 of Part 3: 6
25A Assault causing death 7
(1) A person is guilty of an offence under this subsection if: 8
(a) the person assaults another person by intentionally hitting the other 9
person with any part of the person's body or with an object held by the 10
person, and 11
(b) the assault is not authorised or excused by law, and 12
(c) the assault causes the death of the other person. 13
Maximum penalty: Imprisonment for 20 years. 14
(2) A person who is of or above the age of 18 years is guilty of an offence under 15
this subsection if the person commits an offence under subsection (1) when the 16
person is intoxicated. 17
Maximum penalty: Imprisonment for 25 years. 18
(3) For the purposes of this section, an assault causes the death of a person 19
whether the person is killed as a result of the injuries received directly from 20
the assault or from hitting the ground or an object as a consequence of the 21
assault. 22
(4) In proceedings for an offence under subsection (1) or (2), it is not necessary to 23
prove that the death was reasonably foreseeable. 24
(5) It is a defence in proceedings for an offence under subsection (2): 25
(a) if the intoxication of the accused was not self-induced (within the 26
meaning of Part 11A), or 27
(b) if the accused had a significant cognitive impairment at the time the 28
offence was alleged to have been committed (not being a temporary 29
self-induced impairment). 30
(6) In proceedings for an offence under subsection (2): 31
(a) evidence may be given of the presence and concentration of any 32
alcohol, drug or other substance in the accused's breath, blood or urine 33
at the time of the alleged offence as determined by an analysis carried 34
out in accordance with Division 4 of Part 10 of the Law Enforcement 35
(Powers and Responsibilities) Act 2002, and 36
(b) the accused is conclusively presumed to be intoxicated by alcohol if the 37
prosecution proves in accordance with an analysis carried out in 38
accordance with that Division that there was present in the accused's 39
breath or blood a concentration of 0.15 grams or more of alcohol in 210 40
litres of breath or 100 millilitres of blood. 41
Page 3
Crimes and Other Legislation Amendment (Assault and Intoxication) Bill 2014 [NSW]
Schedule 1 Amendment of Crimes Act 1900 No 40
(7) If on the trial of a person for murder or manslaughter the jury is not satisfied 1
that the offence is proven but is satisfied that the person has committed an 2
offence under subsection (1) or (2), the jury may acquit the person of murder 3
or manslaughter and find the person guilty of an offence under subsection (1) 4
or (2). The person is liable to punishment accordingly. 5
(8) If on the trial of a person for an offence under subsection (2) the jury is not 6
satisfied that the offence is proven but is satisfied that the person has 7
committed an offence under subsection (1), the jury may acquit the person of 8
the offence under subsection (2) and find the person guilty of an offence under 9
subsection (1). The person is liable to punishment accordingly. 10
(9) Section 18 does not apply to an offence under subsection (1) or (2). 11
(10) In this section, cognitive impairment includes an intellectual disability, a 12
developmental disorder (including an autistic spectrum disorder), a 13
neurological disorder, dementia, a mental illness or a brain injury. 14
25B Assault causing death when intoxicated--mandatory minimum sentence 15
(1) A court is required to impose a sentence of imprisonment of not less than 16
8 years on a person guilty of an offence under section 25A (2). Any non-parole 17
period for the sentence is also required to be not less than 8 years. 18
(2) If this section requires a person to be sentenced to a minimum period of 19
imprisonment, nothing in section 21 (or any other provision) of the Crimes 20
(Sentencing Procedure) Act 1999 or in any other Act or law authorises a court 21
to impose a lesser or no sentence (or to impose a lesser non-parole period). 22
(3) Nothing in this section (apart from subsection (2)) affects the provisions of the 23
Crimes (Sentencing Procedure) Act 1999 or any other Act or law relating to 24
the sentencing of offenders. 25
(4) Nothing in this section affects the prerogative of mercy. 26
[3] Section 428E Intoxication in relation to murder, manslaughter and assault causing 27
death 28
Insert "or for an offence under section 25A" after "manslaughter" wherever occurring. 29
[4] Section 428E 30
Insert at the end of the section: 31
(2) An offence under section 25A is not an offence of specific intent for the 32
purposes of this Part. 33
[5] Schedule 11 Savings and transitional provisions 34
Insert at the end of the Schedule with appropriate Part and clause numbering: 35
Part Crimes and Other Legislation Amendment (Assault 36
and Intoxication) Act 2014 37
Review of operation of amendments made by amending Act 38
(1) For the purposes of this clause, the relevant Ministers are the Attorney 39
General and the Minister for Police and Emergency Services. 40
(2) The relevant Ministers are to review the operation of the amendments made by 41
the Crimes and Other Legislation Amendment (Assault and Intoxication) Act 42
2014. The Ministers may engage persons to assist in the review. 43
Page 4
Crimes and Other Legislation Amendment (Assault and Intoxication) Bill 2014 [NSW]
Schedule 1 Amendment of Crimes Act 1900 No 40
(3) The review is to be undertaken as soon as practicable and within 3 years after 1
the date of assent to that Act. 2
(4) The relevant Ministers are to report to the Premier on the outcome of the 3
review as soon as practicable after the review is completed. 4
Page 5
Crimes and Other Legislation Amendment (Assault and Intoxication) Bill 2014 [NSW]
Schedule 2 Amendment of Law Enforcement (Powers and Responsibilities) Act 2002 No 103
Schedule 2 Amendment of Law Enforcement (Powers and 1
Responsibilities) Act 2002 No 103 2
Part 10, Division 4 3
Insert after Division 3: 4
Division 4 Testing of certain offenders for intoxication 5
138D Persons to whom Division applies and purpose of exercise of powers 6
(1) This Division applies to a person who has been arrested by a police officer: 7
(a) for an alleged offence under section 25A (2) of the Crimes Act 1900, or 8
(b) for any other offence that involves the assault of another person if the 9
police officer believes that the person would be liable to be charged with 10
an offence under section 25A (2) of the Crimes Act 1900 if the other 11
person dies. 12
(2) A police officer may exercise the powers conferred by this Division for the 13
purpose of confirming whether the person had consumed or taken alcohol, a 14
drug or other intoxicating substance before the alleged offence and the likely 15
amount consumed or taken. 16
138E Definitions 17
In this Division, breath test, breath analysis and other words and expressions 18
used in this Division and in Schedule 3 to the Road Transport Act 2013 have 19
the same meanings as they have in that Schedule. 20
138F Breath testing and breath analysis for presence of alcohol 21
(1) A police officer may require a person to whom this Division applies to 22
undertake a breath test, either at or near the scene of the alleged offence or at 23
a police station or other place at which the person is detained in connection 24
with the alleged offence. 25
(2) A police officer may require a person to whom this Division applies to 26
undertake a breath analysis at a police station or other place at which the 27
person is detained in connection with the alleged offence. 28
(3) A breath test or breath analysis may only be required to be undertaken under 29
this section within 2 hours after the commission of the alleged offence. 30
(4) The following provisions of Schedule 3 to the Road Transport Act 2013 apply 31
in relation to a breath test or breath analysis under this section (with any 32
necessary or prescribed modifications): 33
(a) the police officers authorised to carry out a breath analysis, 34
(b) the provision of a statement to the person undertaking the breath 35
analysis as to the concentration of alcohol determined by the analysis, 36
(c) the issue of evidentiary certificates relating to the breath analysis, 37
(d) any other provisions prescribed by the regulations. 38
(5) Evidence of the presence or concentration of any alcohol in an accused's 39
breath as determined by a breath analysis carried out in accordance with this 40
section may be used only in proceedings for an offence under section 25A (2) 41
of the Crimes Act 1900. 42
Page 6
Crimes and Other Legislation Amendment (Assault and Intoxication) Bill 2014 [NSW]
Schedule 2 Amendment of Law Enforcement (Powers and Responsibilities) Act 2002 No 103
138G Blood and urine samples for analysis for presence of alcohol or drugs 1
(1) A police officer may require a person to whom this Division applies to provide 2
samples of the person's blood and urine (taken by an authorised sample taker) 3
at a police station or other place at which the person is detained in connection 4
with the alleged offence. 5
(2) A blood or urine sample may only be required to be provided under this section 6
if the person has refused to undertake (or cannot be required to undertake) a 7
breath analysis pursuant to a requirement under section 138F or if the police 8
officer has a reasonable belief that the person is under the influence of a 9
substance other than alcohol. The person may also request that blood or urine 10
samples be taken under this section if the person has undertaken such a breath 11
analysis. 12
(3) A blood or urine sample may only be required to be provided under this section 13
within 4 hours after the commission of the alleged offence. 14
(4) A person may be taken to and detained at a hospital for the purpose of the 15
taking of a blood or urine sample required to be provided under this section. 16
(5) The following provisions of Schedule 3 to the Road Transport Act 2013 apply 17
in relation to blood or urine samples taken under this section (with any 18
necessary or prescribed modifications): 19
(a) the procedures for taking the blood or urine samples, 20
(b) the procedures for analysing the blood or urine samples (including the 21
independent analysis of a portion of a blood or urine sample at the 22
request of the person providing the sample), 23
(c) offences relating to sample handling and the use of samples, 24
(d) the issue of evidentiary certificates relating to the blood or urine 25
samples and their analysis, 26
(e) the protection from liability of authorised sample takers in relation to 27
the taking of blood or urine samples, 28
(f) any other provisions prescribed by the regulations. 29
(6) Evidence of the presence or concentration of any alcohol, drug or other 30
substance in an accused's blood or urine as determined by an analysis carried 31
out in accordance with this section may be used only in proceedings for an 32
offence under section 25A (2) of the Crimes Act 1900. 33
138H Offences relating to testing 34
(1) A person who refuses to provide a blood or urine sample pursuant to a 35
requirement under section 138G is guilty of an offence. 36
Maximum penalty: 50 penalty units or imprisonment for 2 years, or both. 37
(2) It is a defence to a prosecution for an offence under subsection (1) if the person 38
was unable on medical grounds to comply with the requirement. 39
(3) A person who commits an offence under the provisions of Schedule 3 to the 40
Road Transport Act 2013 that are applied by this Division is taken to be guilty 41
of an offence under this Division. 42
Page 7
Crimes and Other Legislation Amendment (Assault and Intoxication) Bill 2014 [NSW]
Schedule 3 Amendment of Crimes (Sentencing Procedure) Act 1999 No 92
Schedule 3 Amendment of Crimes (Sentencing Procedure) 1
Act 1999 No 92 2
[1] Section 21A Aggravating, mitigating and other factors in sentencing 3
Insert after section 21A (5A): 4
(5AA) Special rule for self-induced intoxication 5
In determining the appropriate sentence for an offence, the self-induced 6
intoxication of the offender at the time the offence was committed is not to be 7
taken into account as a mitigating factor. 8
[2] Section 21A (5B) 9
Omit "Subsection (5A) has effect". Insert instead "Subsections (5A) and (5AA) have 10
effect". 11
[3] Section 21A (6) 12
Insert in alphabetical order: 13
self-induced intoxication has the same meaning it has in Part 11A of the 14
Crimes Act 1900. 15
[4] Schedule 2 Savings, transitional and other provisions 16
Insert at the end of the Schedule with appropriate Part and clause numbers: 17
Part Provision consequent on enactment of Crimes and 18
Other Legislation Amendment (Assault and 19
Intoxication) Act 2014 20
Existing offences and proceedings 21
The amendments made to this Act by the Crimes and Other Legislation 22
Amendment (Assault and Intoxication) Act 2014 apply to the determination of 23
a sentence for an offence whenever committed, unless: 24
(a) the court has convicted the person being sentenced of the offence, or 25
(b) a court has accepted a plea of guilty and the plea has not been 26
withdrawn, 27
before the commencement of the amendments. 28
Page 8
Crimes and Other Legislation Amendment (Assault and Intoxication) Bill 2014 [NSW]
Schedule 4 Amendment of Drug Misuse and Trafficking Act 1985 No 226
Schedule 4 Amendment of Drug Misuse and Trafficking Act 1
1985 No 226 2
Schedule 1 3
Insert each of the following in alphabetical order: 4
Anabolic and androgenic steroidal 500g 50g 750g 5kg -- --
agents, other than in implant
preparations for use in animals
Atamestane 500g 50g 750g 5kg -- --
Bolandiol 500g 50g 750g 5kg -- --
Bolasterone 500g 50g 750g 5kg -- --
Bolazine 500g 50g 750g 5kg -- --
Boldenone 500g 50g 750g 5kg -- --
Bolenol 500g 50g 750g 5kg -- --
Calusterone 500g 50g 750g 5kg -- --
Chlorandrostenolone 500g 50g 750g 5kg -- --
Clostebol 500g 50g 750g 5kg -- --
Danazol 500g 50g 750g 5kg -- --
Dihydrolone 500g 50g 750g 5kg -- --
Dimethandrostanolone 500g 50g 750g 5kg -- --
Drostanolone 500g 50g 750g 5kg -- --
Enestebol 500g 50g 750g 5kg -- --
Epitiostanol 500g 50g 750g 5kg -- --
Ethyldienolone 500g 50g 750g 5kg -- --
Ethyloestrenol 500g 50g 750g 5kg -- --
Fluoxymesterone 500g 50g 750g 5kg -- --
Formebolone 500g 50g 750g 5kg -- --
Furazabol 500g 50g 750g 5kg -- --
Hydroxystenozol 500g 50g 750g 5kg -- --
Mebolazine 500g 50g 750g 5kg -- --
Mepitiostane 500g 50g 750g 5kg -- --
Mesabolone 500g 50g 750g 5kg -- --
Mestanolone 500g 50g 750g 5kg -- --
Mesterolone 500g 50g 750g 5kg -- --
Methandienone 500g 50g 750g 5kg -- --
Methandriol 500g 50g 750g 5kg -- --
Methenolone 500g 50g 750g 5kg -- --
Methylclostebol 500g 50g 750g 5kg -- --
Methyltestosterone 500g 50g 750g 5kg -- --
Page 9
Crimes and Other Legislation Amendment (Assault and Intoxication) Bill 2014 [NSW]
Schedule 4 Amendment of Drug Misuse and Trafficking Act 1985 No 226
Methyltrienolone 500g 50g 750g 5kg -- --
Metribolone 500g 50g 750g 5kg -- --
Mibolerone 500g 50g 750g 5kg -- --
Nandrolone 500g 50g 750g 5kg -- --
Norandrostenolone 500g 50g 750g 5kg -- --
Norbolethone 500g 50g 750g 5kg -- --
Norclostebol 500g 50g 750g 5kg -- --
Norethandrolone 500g 50g 750g 5kg -- --
Normethandrone 500g 50g 750g 5kg -- --
Ovandrotone 500g 50g 750g 5kg -- --
Oxabolone 500g 50g 750g 5kg -- --
Oxandrolone 500g 50g 750g 5kg -- --
Oxymesterone 500g 50g 750g 5kg -- --
Oxymetholone 500g 50g 750g 5kg -- --
Prasterone 500g 50g 750g 5kg -- --
(dehydroepiandrosterone (dhea) or
dehydroisoandrosterone (dhia))
Propetandrol 500g 50g 750g 5kg -- --
Quinbolone 500g 50g 750g 5kg -- --
Roxibolone 500g 50g 750g 5kg -- --
Silandrone 500g 50g 750g 5kg -- --
Stanolone 500g 50g 750g 5kg -- --
Stanozolol 500g 50g 750g 5kg -- --
Stenbolone 500g 50g 750g 5kg -- --
Testolactone 500g 50g 750g 5kg -- --
Testosterone, other than in implant 500g 50g 750g 5kg -- --
preparations for use in animals
Thiomesterone 500g 50g 750g 5kg -- --
Trenbolone, other than in implant 500g 50g 750g 5kg -- --
preparations for use in animals
Trestolone 500g 50g 750g 5kg -- --
Page 10
Crimes and Other Legislation Amendment (Assault and Intoxication) Bill 2014 [NSW]
Schedule 5 Amendment of Summary Offences Act 1988 No 25 and Criminal Procedure Regulation 2010
Schedule 5 Amendment of Summary Offences Act 1988 No 1
25 and Criminal Procedure Regulation 2010 2
5.1 Summary Offences Act 1988 No 25 3
Section 9 Continuation of intoxicated and disorderly behaviour following move on 4
direction 5
Omit "6 penalty units" from section 9 (1). Insert instead "15 penalty units". 6
5.2 Criminal Procedure Regulation 2010 7
Schedule 3 Penalty notice offences 8
Omit the matter relating to sections 4 (1), 4A (1) and 9 of the Summary Offences Act 1988. 9
Insert instead, respectively: 10
section 4 (1) $500
section 4A (1) $500
section 9 $1,100
Page 11
Crimes and Other Legislation Amendment (Assault and Intoxication) Bill 2014 [NSW]
Schedule 6 Consequential amendment of other Acts
Schedule 6 Consequential amendment of other Acts 1
6.1 Crimes (Domestic and Personal Violence) Act 2007 No 80 2
[1] Section 4 Meaning of "personal violence offence" 3
Insert "25A," after "24," in section 4 (a). 4
[2] Sections 39 (1) and 40 (5) (b) 5
Omit "or manslaughter" wherever occurring. Insert instead ", manslaughter or an offence 6
under section 25A of the Crimes Act 1900". 7
6.2 Crimes (Sentencing Procedure) Act 1999 No 92 8
Section 76 Home detention not available for certain offences 9
Omit "or manslaughter" from section 76 (a). Insert instead ", manslaughter or an offence 10
under section 25A of the Crimes Act 1900". 11
Page 12
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