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


STATUTES AMENDMENT (ASSAULTS ON POLICE) AMENDMENT BILL 2009

South Australia

Statutes Amendment (Assaults on Police) Bill 2009

A BILL FOR

An Act to amend the Criminal Law Consolidation Act 1935 and the Criminal Law (Sentencing) Act 1988.


Contents

Part 1—Preliminary
1 Short title
2 Amendment provisions

Part 2—Amendment of Criminal Law Consolidation Act 1935
3 Amendment of section 20—Assault
4 Amendment of section 23—Causing serious harm
5 Amendment of section 24—Causing harm

Part 3—Amendment of Criminal Law (Sentencing) Act 1988
6 Amendment of section 32—Duty of court to fix or extend non-parole periods

Part 4—Transitional provision
7 Transitional provision


The Parliament of South Australia enacts as follows:

Part 1—Preliminary

1—Short title

This Act may be cited as the Statutes Amendment (Assaults on Police) Act 2009.

2—Amendment provisions

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2—Amendment of Criminal Law Consolidation Act 1935

3—Amendment of section 20—Assault

(1) Section 20(4), penalty provision, (b)—after "(c)" insert:

or (d)

(2) Section 20(4), penalty provision—after paragraph (c) insert:

(d) for an offence aggravated under section 5AA(1)(c) where the victim is a police officer—imprisonment for not less than 6 months and not more than 5 years.

(3) Section 20—after subsection (4) insert:

(5) Despite any other Act or law, a minimum penalty for an aggravated offence fixed under this section applies whether the offender is a youth or an adult and cannot be—

(a) reduced or mitigated in any way; or

(b) suspended; or

(c) substituted by any other penalty or sentence.

4—Amendment of section 23—Causing serious harm

(1) Section 23(1), penalty provision, (b)—delete paragraph (b) and substitute:

(b) for an aggravated offence—

(i) if the offence is aggravated under section 5AA(1)(c) where the victim is a police officer—imprisonment for not less than 2 years and not more than 25 years;

(ii) in any other case—imprisonment for 25 years.

(2) Section 23(3), penalty provision, (b)—delete paragraph (b) and substitute:

(b) for an aggravated offence—

(i) if the offence is aggravated under section 5AA(1)(c) where the victim is a police officer—imprisonment for not less than 1 year and not more than 19 years;

(ii) in any other case—imprisonment for 19 years.

(3) Section 23—after subsection (3) insert:

(4) Despite any other Act or law, a minimum penalty for an aggravated offence fixed under this section applies whether the offender is a youth or an adult and cannot be—

(a) reduced or mitigated in any way; or

(b) suspended; or

(c) substituted by any other penalty or sentence.

5—Amendment of section 24—Causing harm

(1) Section 24(1), penalty provision, (b)—delete paragraph (b) and substitute:

(b) for an aggravated offence—

(i) if the offence is aggravated under section 5AA(1)(c) where the victim is a police officer—imprisonment for not less than 9 months and not more than 13 years;

(ii) in any other case—imprisonment for 13 years.

(2) Section 24(2), penalty provision, (b)—delete paragraph (b) and substitute:

(b) for an aggravated offence—

(i) if the offence is aggravated under section 5AA(1)(c) where the victim is a police officer—imprisonment for not less than 6 months and not more than 7 years;

(ii) in any other case—imprisonment for 7 years.

(3) Section 24—after subsection (2) insert:

(3) Despite any other Act or law, a minimum penalty for an aggravated offence fixed under this section applies whether the offender is a youth or an adult and cannot be—

(a) reduced or mitigated in any way; or

(b) suspended; or

(c) substituted by any other penalty or sentence.

Part 3—Amendment of Criminal Law (Sentencing) Act 1988

6—Amendment of section 32—Duty of court to fix or extend non-parole periods

Section 32(5)—after paragraph (ba) insert:

(bb) if fixing a non-parole period in respect of a person sentenced to imprisonment for an offence for which a mandatory minimum period of imprisonment is prescribed, any non-parole period fixed under this section must be a period not less than the prescribed mandatory minimum period of imprisonment;

Part 4—Transitional provision

7—Transitional provision

An amendment made by this Act to the Criminal Law Consolidation Act 1935 or the Criminal Law (Sentencing) Act 1988 applies in relation to an offence occurring after the commencement of the amendment.

 


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