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STATUTES AMENDMENT (SENTENCING OF SEX OFFENDERS) ACT 2005 (NO 31 OF 2005) - SECT 8

8—Insertion of new Division

After section 29C insert:

Division 5—Offences involving paedophilia

29D—Sentencing standards for offences involving paedophilia

        (1)         The Parliament declares that—

            (a)         the 1997 amendment of sentencing standards reflected an emerging recognition by the judiciary and the community generally of the inherent seriousness of offences involving paedophilia; and

            (b)         the reformed standards should be applied to offences involving paedophilia committed before or after the enunciation of the 1997 amendment of sentencing standards (or committed in part before, and in part after, the enunciation of the 1997 amendment of sentencing standards).

        (2)         In this section—

1997 amendment of sentencing standards means the change to sentencing standards enunciated in R v D (1997) 69 SASR 413;

"offences involving paedophilia" means all offences to which the 1997 amendment of sentencing standards is applicable (whether individual sentences for the offences have been, or are to be, imposed or a global sentence covering a series of offences¹ or a course of conduct involving a number of criminal incidents²).

"reformed standards" means sentencing standards as changed by the 1997 amendment of sentencing standards.

Note—

1         See section 18A of the Criminal Law (Sentencing) Act 1988 .

2         See section 74 of the Criminal Law Consolidation Act 1935 .



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