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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Sentencing (Serious Repeat Offenders) Amendment
Bill 2020
A BILL FOR
An Act to amend the
Sentencing
Act 2017
.
Contents
Part 2—Amendment of Sentencing
Act 2017
4Substitution of sections 52 and 53
5Amendment of section 55—Declaration that
youth is recidivist young offender
Schedule 1—Transitional provisions
etc
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Sentencing (Serious Repeat Offenders)
Amendment Act 2020.
This Act comes into operation on a day to be fixed by
proclamation.
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 Sentencing
Act 2017
4—Substitution
of sections 52 and 53
Sections 52 and 53—delete the sections and substitute:
52—Interpretation
In this Division—
community based custodial sentence has the same meaning as in
section 25;
serious offence means—
(a) a serious firearm
offence within the meaning of Division 3; or
(b) any of the
following offences if the maximum penalty prescribed for the offence is, or
includes, imprisonment for at least 5 years:
(i) an offence under Part 5 Division 2 or 3 of the
Controlled
Substances Act 1984
;
(ii) an offence under a law of the Commonwealth dealing with the unlawful
importation of drugs into Australia;
(iii) an offence involving a terrorist act (within the meaning of
Part 5.3 of the Criminal Code of the Commonwealth);
(iv) an offence
under Part 3 of the
Criminal
Law Consolidation Act 1935
;
(v) an offence under section 137 of the
Criminal
Law Consolidation Act 1935
;
(vi) an offence
under section 170 of the
Criminal
Law Consolidation Act 1935
;
(vii) an aggravated offence under section 170A of the
Criminal
Law Consolidation Act 1935
;
(viii) an offence under section 85(1) of the
Criminal
Law Consolidation Act 1935
;
(ix) an offence under section 85B of the
Criminal
Law Consolidation Act 1935
;
(x) a serious and organised crime offence (within the meaning of the
Criminal
Law Consolidation Act 1935
);
(xi) an offence under a corresponding previous enactment substantially
similar to an offence referred to in a preceding subparagraph;
(xii) a conspiracy to commit, or an attempt to commit, an offence referred
to in a preceding subparagraph;
(xiii) an offence under the law of another State or a Territory involving
conduct that would, if committed in this State, be a serious offence,
provided that an offence listed in
paragraph (a)
or
(b)
is not a serious offence unless a sentence of imprisonment (other than a
wholly suspended sentence or a sentence that consists only of a community based
custodial sentence) has been, or is to be, imposed for the offence;
serious repeat offender—see
section 53
;
serious sexual offence means a serious offence that
is—
(a) an offence
under section 48, 48A, 49, 50, 56, 58, 59, 60, 63, 63B, 66, 67, 68 or 72 of
the
Criminal
Law Consolidation Act 1935
where the victim was under the age of 14 years at the time of the
offence; or
(b) an offence under
section 51 of the
Criminal
Law Consolidation Act 1935
; or
(c) an offence under a corresponding previous enactment substantially
similar to an offence referred to in a preceding paragraph; or
(d) an attempt to commit or an assault with intent to commit an offence
referred to in a preceding paragraph; or
(e) an offence under the law of another State or a Territory involving
conduct that would, if committed in this State, be a serious sexual
offence.
53—Serious repeat offenders
(1) A person is, by
force of this subsection, taken to be a serious repeat offender if
the person (whether as an adult or as a youth) has committed and been convicted
of—
(a) at least 3 serious offences committed on separate occasions
(whether or not the same offence on each occasion); or
(b) at least 2 serious sexual offences committed on separate
occasions (whether or not the same offence on each occasion).
(2) For the purposes of this section, when determining the number of
occasions on which a person has committed a particular kind of offence, the
offence for which the person is being sentenced is to be included if it is of
the relevant kind.
5—Amendment
of section 55—Declaration that youth is recidivist young
offender
Section 55(1)—delete subsection (1) and substitute:
(1) A youth is liable to be declared a recidivist young offender if the
youth has been convicted of—
(a) at least 3 serious offences committed on separate occasions
(whether or not the same offence on each occasion); or
(b) at least 2 serious sexual offences committed on separate
occasions (whether or not the same offence on each occasion).
Schedule 1—Transitional
provisions etc
(1) The
Sentencing
Act 2017
as amended by this Act applies in relation to a sentence imposed after the
commencement of this Act regardless of whether—
(a) the offence for which the defendant is being sentenced was committed
before or after that commencement; or
(b) the defendant is being sentenced at first instance or on an
appeal.
(2) To avoid doubt, nothing is this Act affects any sentence imposed
before the commencement of this Act.