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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Crimes (Sentencing Procedure)
Amendment Bill 2007
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Crimes (Sentencing Procedure) Act 1999
No 92 2
4 Repeal of Act 2
Schedule 1 Amendments 3
Crimes (Sentencing Procedure) Amendment Bill 2007
Contents
Page
Contents page 2
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE COUNCIL,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Parliaments
egislative Council
2007
New South Wales
Crimes (Sentencing Procedure)
Amendment Bill 2007
Act No , 2007
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.
Clause 1 Crimes (Sentencing Procedure) Amendment Bill 2007
The Legislature of New South Wales enacts:
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(1) This Act is repealed on the day following the day on which all of the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.
Page 2
Crimes (Sentencing Procedure) Amendment Bill 2007
Amendments Schedule 1
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.
Page 3
Crimes (Sentencing Procedure) Amendment Bill 2007
Schedule 1 Amendments
[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:
1B Murder--where the victim was a child under 25 years
18 years of age
[9] Part 4, Division 1A, Table
Insert after item 4:
4A Section 35 (1) of the Crimes Act 1900 (reckless 5 years
causing of grievous bodily harm in company)
4B Section 35 (2) of the Crimes Act 1900 (reckless 4 years
causing of grievous bodily harm)
4C Section 35 (3) of the Crimes Act 1900 (reckless 4 years
wounding in company)
4D Section 35 (4) of the Crimes Act 1900 (reckless 3 years
wounding)
Page 4
Crimes (Sentencing Procedure) Amendment Bill 2007
Amendments Schedule 1
[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:
15A Section 154G of the Crimes Act 1900 (organised 4 years
car or boat rebirthing activities)
[13] Part 4, Division 1A, Table
Insert before item 16:
15C Section 23 (2) of the Drug Misuse and Trafficking 10 years
Act 1985 (cultivation, supply or possession of
prohibited plants), being an offence that involves
not less than the large commercial quantity (if
any) specified for the prohibited plant concerned
under that Act
[14] Part 4, Division 1A, Table
Insert after item 20:
21 Section 51 (1A) or (2A) of the Firearms Act 1996 10 years
(unauthorised sale of prohibited firearm or pistol)
22 Section 51B of the Firearms Act 1996 10 years
(unauthorised sale of firearms on an ongoing
basis)
23 Section 51D (2) of the Firearms Act 1996 10 years
(unauthorised possession of more than 3 firearms
any one of which is a prohibited firearm or pistol)
Page 5
Crimes (Sentencing Procedure) Amendment Bill 2007
Schedule 1 Amendments
24 Section 7 of the Weapons Prohibition Act 1998 3 years
(unauthorised possession or use of prohibited
weapon)--where the offence is prosecuted on
indictment
[15] Schedule 2 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Crimes (Sentencing Procedure) Amendment Act 2007
[16] Schedule 2, Part 17
Insert after Part 16:
Part 17 Provisions consequent on enactment of
Crimes (Sentencing Procedure)
Amendment Act 2007
57 Existing offences and proceedings
The 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, or
(b) a court has accepted a plea of guilty and the plea has not
been withdrawn,
before the commencement of the amendments.
Page 6
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