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Western Australia
Criminal Law Amendment (Homicide) Bill 2008
CONTENTS
Part 1 -- Preliminary matters
1. Short title 2
2. Commencement 2
Part 2 -- The Criminal Code
amended
Division 1 -- Preliminary matters
3. Code amended in this Part 3
Division 2 -- General amendments
4. Section 23 replaced by sections 23, 23A and 23B 3
23. Intention and motive 3
23A. Unwilled acts and omissions 3
23B. Accident 4
Division 3 -- Amendments about defences
5. Section 25 replaced 4
25. Emergency 4
6. Section 31 replaced by sections 31 and 32 5
31. Lawful authority 5
32. Duress 6
7. Section 244 amended 7
8. Sections 248, 249 and 250 replaced by section 248 7
248. Self-defence 7
9. Section 441 amended 8
Division 4 -- Amendments about homicide
10. Sections 278, 279 and 282 replaced by section 279 9
279. Murder 9
11. Sections 280 and 287 replaced by section 280 11
280. Manslaughter 11
12. Section 281 replaced 11
281. Unlawful assault causing death 11
269--1 page i
Criminal Law Amendment (Homicide) Bill 2008
Contents
13. Sections 281A and 287A repealed 11
14. Section 284 inserted 12
284. Culpable driving (other than of motor
vehicle) causing death or grievous bodily
harm 12
Division 5 -- Consequential amendments
15. Section 144 replaced 13
144. Forcibly freeing certain offenders from
custody 13
16. Small amendments 13
17. Sections 739 and 740 and Schedule 1 inserted 14
739. Review of law of homicide 14
740. Transitional provisions 14
Schedule 1 -- Transitional provisions
1. Terms used in this Schedule 14
2. Wilful murder trials in progress at
commencement 15
3. Wilful murders committed before
commencement 15
4. Offenders serving life term at
commencement 15
Part 3 -- Sentencing Act 1995
amended
18. Act amended in this Part 17
19. Sections 90 and 91 replaced by section 90 17
90. Imposing life imprisonment for murder 17
20. Section 96 replaced 18
96. Release from life imprisonment 18
21. Section 107 amended 18
22. Consequential amendments 19
Part 4 -- Various other Acts
amended
23. Adoption Act 1994 20
24. Bail Act 1982 20
25. Community Protection (Offender Reporting)
Act 2004 20
26. Corruption and Crime Commission Act 2003 21
27. Criminal Code Act 1913 21
28. Criminal Investigation (Identifying People)
Act 2002 21
page ii
Criminal Law Amendment (Homicide) Bill 2008
Contents
29. Criminal Law (Mentally Impaired Accused)
Act 1996 21
30. Criminal Procedure Act 2004 22
31. District Court of Western Australia Act 1969 22
32. Electoral Act 1907 22
33. Evidence Act 1906 22
34. Health Act 1911 23
35. Interpretation Act 1984 23
13C. When death of a person occurs 23
36. Prisons Act 1981 24
37. Restraining Orders Act 1997 24
38. Road Traffic Act 1974 25
39. Sentence Administration Act 2003 25
40. Working with Children (Criminal Record
Checking) Act 2004 28
41. Young Offenders Act 1994 29
page iii
Western Australia
LEGISLATIVE ASSEMBLY
Criminal Law Amendment (Homicide) Bill 2008
A Bill for
An Act to reform the law about homicide and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Criminal Law Amendment (Homicide) Bill 2008
Part 1 Preliminary matters
s. 1
Part 1 -- Preliminary matters
1. Short title
This is the Criminal Law Amendment (Homicide) Act 2008.
2. Commencement
5 This Act comes into operation as follows:
(a) Part 1 -- on the day on which this Act receives the
Royal Assent;
(b) the rest of the Act -- on a day fixed by proclamation,
and different days may be fixed for different provisions.
page 2
Criminal Law Amendment (Homicide) Bill 2008
The Criminal Code amended Part 2
Preliminary matters Division 1
s. 3
Part 2 -- The Criminal Code amended
Division 1 -- Preliminary matters
3. Code amended in this Part
The amendments in this Part are to The Criminal Code.
5 Division 2 -- General amendments
4. Section 23 replaced by sections 23, 23A and 23B
Section 23 is repealed and the following sections are inserted
instead --
"
10 23. Intention and motive
(1) Unless the intention to cause a particular result is
expressly declared to be an element of the offence
constituted, in whole or part, by an act or omission, the
result intended to be caused by an act or omission is
15 immaterial.
(2) Unless otherwise expressly declared, the motive by
which a person is induced to do or omit to do an act, or
to form an intention, is immaterial so far as regards
criminal responsibility.
20 23A. Unwilled acts and omissions
(1) This section is subject to the provisions in
Chapter XXVII relating to negligent acts and
omissions.
(2) A person is not criminally responsible for an act or
25 omission which occurs independently of the exercise of
the person's will.
page 3
Criminal Law Amendment (Homicide) Bill 2008
Part 2 The Criminal Code amended
Division 3 Amendments about defences
s. 5
23B. Accident
(1) This section is subject to the provisions in
Chapter XXVII relating to negligent acts and
omissions.
5 (2) A person is not criminally responsible for an event
which occurs by accident.
(3) If death or grievous bodily harm --
(a) is directly caused to a victim by another
person's act that involves a deliberate use of
10 force; but
(b) would not have occurred but for an
abnormality, defect or weakness in the victim,
the other person is not, for that reason alone, excused
from criminal responsibility for the death or grievous
15 bodily harm.
(4) Subsection (3) applies --
(a) even if the other person did not intend or
foresee the death or grievous bodily harm; and
(b) even if the death or grievous bodily harm was
20 not reasonably foreseeable.
".
Division 3 -- Amendments about defences
5. Section 25 replaced
Section 25 is repealed and the following section is inserted
25 instead --
"
25. Emergency
(1) This section does not apply if section 32, 246, 247 or
248 applies.
page 4
Criminal Law Amendment (Homicide) Bill 2008
The Criminal Code amended Part 2
Amendments about defences Division 3
s. 6
(2) A person is not criminally responsible for an act done,
or an omission made, in an emergency under
subsection (3).
(3) A person does an act or makes an omission in an
5 emergency if --
(a) the person believes --
(i) circumstances of sudden or
extraordinary emergency exist; and
(ii) doing the act or making the omission is
10 a necessary response to the emergency;
and
(b) the act or omission is a reasonable response to
the emergency in the circumstances as the
person believes them to be; and
15 (c) there are reasonable grounds for those beliefs.
".
6. Section 31 replaced by sections 31 and 32
Section 31 is repealed and the following sections are inserted
instead --
20 "
31. Lawful authority
(1) A person is not criminally responsible for an act done,
or an omission made, in any of the following
circumstances --
25 (a) in execution of the law;
(b) in obedience to the order of a competent
authority which the person is bound by law to
obey, unless the order is manifestly unlawful.
(2) Whether an order is or is not manifestly unlawful is a
30 question of law.
page 5
Criminal Law Amendment (Homicide) Bill 2008
Part 2 The Criminal Code amended
Division 3 Amendments about defences
s. 6
32. Duress
(1) A person is not criminally responsible for an act done,
or an omission made, under duress under
subsection (2).
5 (2) A person does an act or makes an omission under
duress if --
(a) the person believes --
(i) a threat has been made; and
(ii) the threat will be carried out unless an
10 offence is committed; and
(iii) doing the act or making the omission is
necessary to prevent the threat from
being carried out;
and
15 (b) the act or omission is a reasonable response to
the threat in the circumstances as the person
believes them to be; and
(c) there are reasonable grounds for those beliefs.
(3) Subsections (1) and (2) do not apply if the threat is
20 made by or on behalf of a person with whom the
person under duress is voluntarily associating for the
purpose of --
(a) doing an act or making an omission of the kind
in fact done or made by the person under
25 duress; or
(b) prosecuting an unlawful purpose in which it is
reasonably foreseeable such a threat would be
made.
".
page 6
Criminal Law Amendment (Homicide) Bill 2008
The Criminal Code amended Part 2
Amendments about defences Division 3
s. 7
7. Section 244 amended
(1) After section 244(1) the following subsection is inserted --
"
(1A) Despite subsection (1), it is not lawful for the occupant
5 to use force that is intended, or that is likely, to cause
death or grievous bodily harm to a home invader unless
the occupant believes, on reasonable grounds, that
violence is being or is likely to be used or is threatened
in relation to a person by a home invader.
10 ".
(2) Section 244(4) is repealed and the following subsection is
inserted instead --
"
(4) If under subsection (1)(c) it is lawful for the occupant
15 to use a degree of force, it is lawful for another person
acting in good faith in aid of the occupant to use the
same degree of force to defend the occupant.
".
8. Sections 248, 249 and 250 replaced by section 248
20 Sections 248, 249 and 250 are repealed and the following
section is inserted instead --
"
248. Self-defence
(1) In this section --
25 "harmful act" means an act that is an element of an
offence under this Part other than Chapter XXXV.
(2) A harmful act done by a person is lawful if the act is
done in self-defence under subsection (4).
page 7
Criminal Law Amendment (Homicide) Bill 2008
Part 2 The Criminal Code amended
Division 3 Amendments about defences
s. 9
(3) If --
(a) a person unlawfully kills another person in
circumstances which, but for this section,
would constitute murder; and
5 (b) the person's act that causes the other person's
death would be an act done in self-defence
under subsection (4) but for the fact that the act
is not a reasonable response by the person in
the circumstances as the person believes them
10 to be,
the person is guilty of manslaughter and not murder.
(4) A person's harmful act is done in self-defence if --
(a) the person believes the act is necessary to
defend the person or another person from a
15 harmful act, including a harmful act that is not
imminent; and
(b) the person's harmful act is a reasonable
response by the person in the circumstances as
the person believes them to be; and
20 (c) there are reasonable grounds for those beliefs.
(5) A person's harmful act is not done in self-defence if it
is done to defend the person or another person from a
harmful act that is lawful.
(6) For the purposes of subsection (5), a harmful act is not
25 lawful merely because the person doing it is not
criminally responsible for it.
".
9. Section 441 amended
(1) Section 441 is amended as follows:
30 (a) by inserting before "An Act" the subsection designation
"(1)";
page 8
Criminal Law Amendment (Homicide) Bill 2008
The Criminal Code amended Part 2
Amendments about homicide Division 4
s. 10
(b) by inserting before "It is immaterial" the subsection
designation "(2)";
(c) by repealing the third paragraph.
(2) At the end of section 441 the following subsection is inserted --
5 "
(3) A person is not criminally responsible for an act that
causes an injury to property if --
(a) the person believes the act is necessary to
defend or protect the person, another person or
10 property from injury that the person believes is
imminent; and
(b) the act is a reasonable response by the person in
the circumstances as the person believes them
to be; and
15 (c) there are reasonable grounds for those beliefs.
".
Division 4 -- Amendments about homicide
10. Sections 278, 279 and 282 replaced by section 279
Sections 278, 279 and 282 are repealed and the following
20 section is inserted instead --
"
279. Murder
(1) If a person unlawfully kills another person and --
(a) the person intends to cause the death of the
25 person killed or another person; or
(b) the person intends to cause a bodily injury of
such a nature as to endanger, or be likely to
endanger, the life of the person killed or
another person; or
30 (c) the death is caused by means of an act done in
the prosecution of an unlawful purpose, which
page 9
Criminal Law Amendment (Homicide) Bill 2008
Part 2 The Criminal Code amended
Division 4 Amendments about homicide
s. 10
act is of such a nature as to be likely to
endanger human life,
the person is guilty of murder.
Alternative offence: s. 280, 281, 283, 284, 290 or 291
5 or Road Traffic Act 1974 s. 59.
(2) For the purposes of subsection (1)(a) and (b), it is
immaterial that the person did not intend to hurt the
person killed.
(3) For the purposes of subsection (1)(c), it is immaterial
10 that the person did not intend to hurt any person.
(4) A person, other than a child, who is guilty of murder
must be sentenced to life imprisonment unless --
(a) that sentence would be clearly unjust given the
circumstances of the offence and the person;
15 and
(b) the person is unlikely to be a threat to the safety
of the community when released from
imprisonment,
in which case the person is liable to imprisonment for
20 20 years.
(5) A child who is guilty of murder is liable to either --
(a) life imprisonment; or
(b) detention in a place determined from time to
time by the Governor or under another written
25 law until released by order of the Governor.
(6) A court that does not sentence a person guilty of
murder to life imprisonment must give written reasons
why life imprisonment was not imposed.
".
page 10
Criminal Law Amendment (Homicide) Bill 2008
The Criminal Code amended Part 2
Amendments about homicide Division 4
s. 11
11. Sections 280 and 287 replaced by section 280
Sections 280 and 287 are repealed and the following section is
inserted instead --
"
5 280. Manslaughter
If a person unlawfully kills another person under such
circumstances as not to constitute murder, the person is
guilty of manslaughter and is liable to imprisonment
for 20 years.
10 Alternative offence: s. 281, 284, 290, 291 or 294 or
Road Traffic Act 1974 s. 59.
".
12. Section 281 replaced
Section 281 is repealed and the following section is inserted
15 instead --
"
281. Unlawful assault causing death
(1) If a person unlawfully assaults another who dies as a
direct or indirect result of the assault, the person is
20 guilty of a crime and is liable to imprisonment for
10 years.
(2) A person is criminally responsible under subsection (1)
even if the person does not intend or foresee the death
of the other person and even if the death was not
25 reasonably foreseeable.
".
13. Sections 281A and 287A repealed
Sections 281A and 287A are repealed.
page 11
Criminal Law Amendment (Homicide) Bill 2008
Part 2 The Criminal Code amended
Division 4 Amendments about homicide
s. 14
14. Section 284 inserted
After section 283 the following section is inserted --
"
284. Culpable driving (other than of motor vehicle)
5 causing death or grievous bodily harm
(1) In this section --
"conveyance" does not include a motor vehicle;
"drive" a conveyance, includes to pilot an aircraft and
to navigate a vessel.
10 (2) For the purposes of this section a person culpably
drives a conveyance if the person drives the
conveyance in a manner (including at a speed) that,
having regard to all the circumstances of the case, is
dangerous to any person.
15 (3) If --
(a) a person culpably drives a conveyance; and
(b) the conveyance is involved in an incident that
directly or indirectly causes the death of, or
grievous bodily harm to, another person,
20 the person is guilty of a crime and is liable to
imprisonment for --
(c) if death is caused, 10 years; or
(d) if grievous bodily harm is caused, 7 years.
Summary conviction penalty: imprisonment for
25 18 months and a fine of $18 000.
(4) A court convicting a person of an offence under this
section that involves the navigation of a vessel must
make an order under the Sentencing Act 1995
section 107(1) for a term of at least 2 years.
30 ".
page 12
Criminal Law Amendment (Homicide) Bill 2008
The Criminal Code amended Part 2
Consequential amendments Division 5
s. 15
Division 5 -- Consequential amendments
15. Section 144 replaced
Section 144 is repealed and the following section is inserted
instead --
5 "
144. Forcibly freeing certain offenders from custody
Any person who forcibly frees, or attempts to free,
from lawful custody any person serving a sentence for,
or charged with, an offence that is punishable with
10 imprisonment for life, or for 20 years or more, is guilty
of a crime and is liable to imprisonment for 20 years.
".
16. Small amendments
(1) Section 47(1) is amended by deleting "commit any crime
15 punishable with strict security life imprisonment" and inserting
instead --
" kill any person ".
(2) Section 48(1)(b) is deleted and the following paragraph is
inserted instead --
20 "
(b) To commit any indictable offence other than
one entailing the killing of a person;
".
(3) Section 125 is amended by deleting "with strict security life
25 imprisonment, or".
(4) Section 134 is amended by deleting "to strict security life
imprisonment or".
(5) Section 277 is amended by deleting "wilful murder, murder,
manslaughter, or infanticide." and inserting instead --
30 " murder or manslaughter. ".
page 13
Criminal Law Amendment (Homicide) Bill 2008
Part 2 The Criminal Code amended
Division 5 Consequential amendments
s. 17
(6) Section 283 is amended by deleting "or, if the person commits
the offence in circumstances that, had the other person died,
would constitute the crime of infanticide, to imprisonment for
7 years".
5 17. Sections 739 and 740 and Schedule 1 inserted
After section 738 the following is inserted --
"
739. Review of law of homicide
(1) The Minister must carry out a review of the operation
10 and effectiveness of the amendments to this Code and
the Sentencing Act 1995 made by the Criminal Law
Amendment (Homicide) Act 2008 as soon as is
practicable after the fifth anniversary of the
commencement of section 17 of that Act.
15 (2) The Minister must prepare a report based on the review
and, as soon as is practicable after the report is
prepared, cause it to be laid before each House of
Parliament.
740. Transitional provisions
20 Schedule 1 sets out transitional provisions.
Schedule 1 -- Transitional provisions
[s. 740]
1. Terms used in this Schedule
In this Schedule --
25 "amendment Act" means the Criminal Law Amendment
(Homicide) Act 2008;
"commencement" means the day on which the amendment
Act, other than Part 1, comes into operation.
page 14
Criminal Law Amendment (Homicide) Bill 2008
The Criminal Code amended Part 2
Consequential amendments Division 5
s. 17
2. Wilful murder trials in progress at commencement
If before commencement a person is charged on indictment
with wilful murder and on commencement the person's trial
has begun but not concluded, then the trial may continue as
5 if the amendment Act had not been enacted.
3. Wilful murders committed before commencement
If before commencement a person commits wilful murder
and is not charged on indictment before commencement,
then the person may, in respect of the act or omission
10 constituting the offence, be charged under section 279 as
inserted by the amendment Act and be tried and sentenced
as if, at the time of doing the act or making the omission,
that section had been inserted by the amendment Act.
4. Offenders serving life term at commencement
15 (1) If immediately before commencement a person is serving a
sentence of life imprisonment for an offence other than
murder or wilful murder, the person is eligible to be released
on parole when he or she has served 7 years of the sentence.
(2) If immediately before commencement a person is serving a
20 sentence of life imprisonment for murder or wilful murder
in respect of which a minimum period was set under the
Sentencing Act 1995 section 90 as it was before
commencement, the person must not be released before he
or she has served that minimum period.
25 (3) If immediately before commencement a person is serving a
sentence of strict security life imprisonment in respect of
which a minimum period was set under the Sentencing
Act 1995 section 91(1) as it was before commencement, the
person must not be released before he or she has served that
30 minimum period.
(4) If immediately before commencement a person is serving a
sentence of strict security life imprisonment in respect of
which an order was made under the Sentencing Act 1995
section 91(3) as it was before commencement, the person
35 must not be released on parole.
page 15
Criminal Law Amendment (Homicide) Bill 2008
Part 2 The Criminal Code amended
Division 5 Consequential amendments
s. 17
(5) Any order for the release of a person to whom this clause
applies must be made in accordance with the Sentence
Administration Act 2003 Part 3.
(6) If immediately before commencement a person is serving a
5 sentence of strict security life imprisonment, any order made
after commencement in relation to the person in the exercise
of the Royal Prerogative of Mercy is subject to the
Sentencing Act 1995 section 142 as it was immediately
before commencement.
10 (7) If immediately before commencement a person is serving a
sentence of --
(a) life imprisonment imposed for murder or wilful
murder; or
(b) strict security life imprisonment imposed for wilful
15 murder,
then the Sentence Administration Act 2003 sections 12A, 25
and 26 as they were immediately before commencement
continue to apply to and in respect of the person.
".
page 16
Criminal Law Amendment (Homicide) Bill 2008
Sentencing Act 1995 amended Part 3
s. 18
Part 3 -- Sentencing Act 1995 amended
18. Act amended in this Part
The amendments in this Part are to the Sentencing Act 1995.
19. Sections 90 and 91 replaced by section 90
5 Sections 90 and 91 are repealed and the following section is
inserted instead --
"
90. Imposing life imprisonment for murder
(1) A court that sentences an offender to life imprisonment
10 for murder must either --
(a) set a minimum period of at least 10 years that
the offender must serve before being eligible
for release on parole; or
(b) order that the offender must never be released.
15 (2) Any minimum period so set begins to run when the
sentence of life imprisonment begins.
(3) A court must make an order under subsection (1)(b) if
it is necessary to do so in order to meet the
community's interest in punishment and deterrence.
20 (4) In determining whether an offence is one for which an
order under subsection (1)(b) is necessary, the only
matters relating to the offence that are to be taken into
account are --
(a) the circumstances of the commission of the
25 offence; and
(b) any aggravating factors.
".
page 17
Criminal Law Amendment (Homicide) Bill 2008
Part 3 Sentencing Act 1995 amended
s. 20
20. Section 96 replaced
Section 96 is repealed and the following section is inserted
instead --
"
5 96. Release from life imprisonment
(1) A prisoner serving a sentence of life imprisonment for
an offence other than murder is not to be released
before he or she has served 7 years of the sentence.
(2) A prisoner serving a sentence of life imprisonment for
10 murder in respect of which a minimum period has been
set under section 90(1)(a) is not to be released before
he or she has served the minimum period.
(3) A prisoner serving a sentence of life imprisonment for
murder in respect of which an order has been made
15 under section 90(1)(b) is not to be released.
(4) Any order for the release of a prisoner referred to in
this section must be made in accordance with Part 3 of
the Sentence Administration Act 2003.
".
20 21. Section 107 amended
(1) Section 107(1) is amended by deleting "certificate of
competency, or a particular certificate of competency, under the
Western Australian Marine Act 1982." and inserting instead --
" marine qualification or a particular marine qualification. ".
25 (2) Section 107(3) is amended by deleting "certificate" and
inserting instead --
" marine qualification ".
(3) Section 107(5) is amended by inserting in the appropriate
alphabetical position --
30 "
"marine qualification" means a certificate of
competency or any other qualification issued to a
page 18
Criminal Law Amendment (Homicide) Bill 2008
Sentencing Act 1995 amended Part 3
s. 22
person under the Western Australian Marine
Act 1982 in relation to navigating or operating a
vessel;
".
5 22. Consequential amendments
(1) Section 85(1) is amended as follows:
(a) in the definition of "fixed term" by deleting "a life term"
and inserting instead --
" life imprisonment ";
10 (b) by deleting the definition of "life term";
(c) in the definition of "term" by deleting "a life term" and
inserting instead --
" life imprisonment ";
(d) in the definition of "term" by deleting paragraph (a) and
15 "or" after it and inserting the following instead --
"
(a) detention under a sentence imposed under
section 279(5)(b) of The Criminal Code; or
".
20 (2) Section 88(5) is amended by deleting "a life term is to serve that
term" and inserting instead --
" life imprisonment is to serve that sentence ".
(3) Section 142 is amended by deleting "sentenced to strict security
life imprisonment" and inserting instead --
25 "
serving a sentence of life imprisonment in respect of
which an order has been made under section 90(1)(b)
".
page 19
Criminal Law Amendment (Homicide) Bill 2008
Part 4 Various other Acts amended
s. 23
Part 4 -- Various other Acts amended
23. Adoption Act 1994
(1) The amendment in this section is to the Adoption Act 1994.
(2) Section 40(2)(e)(ii) is amended by deleting ", strict security life
5 imprisonment".
24. Bail Act 1982
(1) The amendments in this section are to the Bail Act 1982.
(2) Section 15(1) is amended by deleting "wilful murder or".
(3) Schedule 2 item 1 is amended by deleting the entries relating to
10 The Criminal Code sections 278, 279 and 280 and inserting
instead --
"
s. 279 Murder
s. 280 Manslaughter
15 s. 281 Unlawful assault causing death
".
25. Community Protection (Offender Reporting) Act 2004
(1) The amendments in this section are to the Community
Protection (Offender Reporting) Act 2004.
20 (2) Schedule 1 is amended as follows:
(a) in the entry relating to The Criminal Code section 279,
by deleting "(as read with s. 282)";
(b) by deleting the entry relating to The Criminal Code
section 281A.
25 (3) Schedule 3 is amended in the entry relating to The Criminal
Code section 279, by deleting "(as read with s. 282)".
page 20
Criminal Law Amendment (Homicide) Bill 2008
Various other Acts amended Part 4
s. 26
26. Corruption and Crime Commission Act 2003
(1) The amendments in this section are to the Corruption and
Crime Commission Act 2003.
(2) Schedule 1 clause 1 is amended as follows:
5 (a) by deleting "s. 278";
(b) by deleting "(except if the circumstances of the
attempted or intended killing are such that, if it were
carried out, the crime committed would be infanticide)".
27. Criminal Code Act 1913
10 (1) The amendment in this section is to the Criminal Code
Act 1913.
(2) Section 3(2) is repealed.
28. Criminal Investigation (Identifying People) Act 2002
(1) The amendments in this section are to the Criminal
15 Investigation (Identifying People) Act 2002.
(2) Section 3(1) is amended in the definition of "serious offence"
by deleting "strict security life imprisonment," and inserting
instead --
" or includes ".
20 29. Criminal Law (Mentally Impaired Accused) Act 1996
(1) The amendments in this section are to the Criminal Law
(Mentally Impaired Accused) Act 1996.
(2) Schedule 1 item 1 is amended by deleting the entries relating to
The Criminal Code sections 278, 279 and 280 and inserting
25 instead --
"
s. 279 Murder
s. 280 Manslaughter
s. 281 Unlawful assault causing death
30 ".
page 21
Criminal Law Amendment (Homicide) Bill 2008
Part 4 Various other Acts amended
s. 30
30. Criminal Procedure Act 2004
(1) The amendment in this section is to the Criminal Procedure
Act 2004.
(2) Section 114(4) is amended by deleting "wilful murder or".
5 31. District Court of Western Australia Act 1969
(1) The amendment in this section is to the District Court of
Western Australia Act 1969.
(2) Section 42(2) is amended by deleting "or strict security life
imprisonment".
10 32. Electoral Act 1907
(1) The amendments in this section are to the Electoral Act 1907.
(2) Section 18 is amended as follows:
(a) in paragraph (cb) by deleting "section 282(c)(iii)
or (d)(ii), 653 or 693(4)" and inserting instead --
15 " section 279(5)(b) ";
(b) in paragraph (cc) by deleting "661 or 662" and inserting
instead --
" 282(c)(iii) or (d)(ii), 653, 661, 662 or 693(4) ".
33. Evidence Act 1906
20 (1) The amendments in this section are to the Evidence Act 1906.
(2) The Second Schedule Part 1 is amended as follows:
(a) in the entry relating to section 144 by deleting "Using
force to rescue a person undergoing, or liable to, strict
security life imprisonment" and inserting instead --
25 " Forcibly freeing certain offenders from custody ";
page 22
Criminal Law Amendment (Homicide) Bill 2008
Various other Acts amended Part 4
s. 34
(b) by deleting the entries relating to sections 278, 279, 280,
281 and 281A and inserting instead --
"
s. 279 Murder
5 s. 280 Manslaughter
s. 281 Unlawful assault causing death
".
34. Health Act 1911
(1) The amendments in this section are to the Health Act 1911.
10 (2) Section 246ZV(1) is amended by deleting "section 23" and
inserting instead --
" section 23A ".
(3) Section 246ZW(1) is amended by deleting "section 23" and
inserting instead --
15 " section 23A ".
35. Interpretation Act 1984
(1) The amendments in this section are to the Interpretation
Act 1984.
(2) Section 5 is amended by inserting in the appropriate
20 alphabetical position --
"
"death" of a person, has a meaning affected by
section 13C;
".
25 (3) After section 13B the following section is inserted --
"
13C. When death of a person occurs
For the purposes of the law of this State, a person dies
when there occurs --
30 (a) irreversible cessation of all function of the
person's brain; or
page 23
Criminal Law Amendment (Homicide) Bill 2008
Part 4 Various other Acts amended
s. 36
(b) irreversible cessation of circulation of blood in
the person's body.
".
36. Prisons Act 1981
5 (1) The amendments in this section are to the Prisons Act 1981.
(2) Section 16(6) is repealed and the following subsection is
inserted instead --
"
(6) Subsection (5) does not apply in respect of a
10 prisoner --
(a) who is serving a sentence that requires him or
her to spend --
(i) 20 years or more in custody before
being eligible for parole; or
15 (ii) his or her whole life in custody;
or
(b) whose release is to be determined by the
Governor.
".
20 (3) Section 26(2) is amended by inserting after "life
imprisonment" --
"
or a sentence of life imprisonment in respect of which
an order has been made under section 90(1)(b) of the
25 Sentencing Act 1995
".
37. Restraining Orders Act 1997
(1) The amendment in this section is to the Restraining Orders
Act 1997.
30 (2) Section 63B(3) is amended in the definition of "violent personal
offence" paragraph (a) by deleting "(other than infanticide)".
page 24
Criminal Law Amendment (Homicide) Bill 2008
Various other Acts amended Part 4
s. 38
38. Road Traffic Act 1974
(1) The amendments in this section are to the Road Traffic
Act 1974.
(2) Section 59(1) is amended in the summary conviction penalty by
5 deleting "160 PU" and inserting instead --
" 360 PU ".
(3) Section 59(3)(b) is deleted and the following paragraph is
inserted instead --
"
10 (b) in any other circumstances, to a fine of any
amount and to imprisonment for --
(i) 10 years, if the person has caused the
death of another person; or
(ii) 7 years, if the person has caused
15 grievous bodily harm to another person,
".
39. Sentence Administration Act 2003
(1) The amendments in this clause are to the Sentence
Administration Act 2003.
20 (2) Section 4(2) is amended as follows:
(a) by inserting in the appropriate alphabetical position --
"
"Governor's pleasure detainee" means --
(a) a person in, or regarded as being in, strict or
25 safe custody by virtue of an order made
under the repealed section 282 of The
Criminal Code; or
(b) a person subject to a sentence of detention
imposed under section 279(5)(b) of The
30 Criminal Code;
";
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Criminal Law Amendment (Homicide) Bill 2008
Part 4 Various other Acts amended
s. 39
(b) in the definition of "prisoner" paragraph (b) by deleting
"life term;" and inserting instead --
" life imprisonment; ";
(c) in the definition of "prisoner" by deleting paragraph (d)
5 and inserting instead --
"
(d) a Governor's pleasure detainee;
".
(3) Section 11(2) is amended by deleting "person who is in, or is
10 regarded as being in, strict custody by virtue of an order made
under section 282 of The Criminal Code" and inserting
instead --
" Governor's pleasure detainee ".
(4) Section 11(3) is amended in the definition of "Minister" by
15 deleting "section 282" and inserting instead --
" Chapter XXVIII ".
(5) Section 12(6) is amended by deleting "section 282" and
inserting instead --
" Chapter XXVIII ".
20 (6) The Table to section 12A is deleted and the following Table is
inserted instead --
"
Table
Type of sentence When report due When subsequent
reports are due
Life imprisonment for 7 years after the Every 3 years after
an offence other than day on which the that
murder term began or is
taken to have
begun
page 26
Criminal Law Amendment (Homicide) Bill 2008
Various other Acts amended Part 4
s. 39
Type of sentence When report due When subsequent
reports are due
Life imprisonment for At the end of the Every 3 years after
murder where a minimum period that
minimum period has
been set under
section 90(1)(a) of the
Sentencing Act 1995
Indefinite imprisonment One year after the Every 3 years after
day on which the that
sentence began
".
(7) The heading to Part 3 Division 5 is amended by deleting "term".
(8) Section 25(1) is repealed and the following subsections are
inserted instead --
5 "
(1) The Governor may make a parole order in respect of a
prisoner serving life imprisonment for murder but only
if --
(a) a minimum period has been set under
10 section 90(1)(a) of the Sentencing Act 1995;
and
(b) the prisoner has served the minimum period;
and
(c) a report has been given by the Board to the
15 Minister under section 12 or 12A.
(1A) The Governor may make a parole order in respect of a
prisoner serving life imprisonment for an offence other
than murder but only if --
(a) the prisoner has served the period required by
20 section 96(1) of the Sentencing Act 1995; and
(b) a report has been given by the Board to the
Minister under section 12 or 12A.
".
page 27
Criminal Law Amendment (Homicide) Bill 2008
Part 4 Various other Acts amended
s. 40
(9) Section 26 is repealed.
(10) Section 27B(1) is amended by deleting "section 282" and
inserting instead --
" Chapter XXVIII ".
5 (11) Section 50(b) is amended by deleting "a life term" and inserting
instead --
" life imprisonment ".
(12) Section 68(2) is repealed and the following subsection is
inserted instead --
10 "
(2) If a parole order in respect of a prisoner serving life
imprisonment is suspended, the prisoner is then liable
to resume serving the sentence in custody.
".
15 (13) Section 69(2) is repealed and the following subsection is
inserted instead --
"
(2) If a parole order in respect of a prisoner serving life
imprisonment is cancelled after the prisoner is released
20 under the order, the prisoner is then liable to resume
serving the sentence in custody.
".
40. Working with Children (Criminal Record Checking) Act 2004
(1) The amendments in this section are to the Working with
25 Children (Criminal Record Checking) Act 2004.
(2) Schedule 2 is amended by deleting the entries relating to The
Criminal Code sections 279, 280 and 281A and inserting
instead --
"
30 s. 279 Murder
s. 280 Manslaughter
s. 281 Unlawful assault causing death
".
page 28
Criminal Law Amendment (Homicide) Bill 2008
Various other Acts amended Part 4
s. 41
41. Young Offenders Act 1994
(1) The amendments in this section are to the Young Offenders
Act 1994.
(2) Section 179(6) is repealed and the following subsection is
5 inserted instead --
"
(6) If the detainee is a person --
(a) who is undergoing a sentence of imprisonment
for life; or
10 (b) whose release is to be determined by the
Governor,
the superintendent is to give the chief executive officer
notice when the detainee is removed from or returned
to a detention centre under an order made under this
15 section.
".
(3) Section 189(1) is repealed and the following subsection is
inserted instead --
"
20 (1) This section does not apply to, or in relation to, a
person convicted of murder, attempt to murder or
manslaughter.
".
(4) Schedule 1 item 1 is amended as follows:
25 (a) in the entry relating to section 125, by deleting "with
strict security life imprisonment, or";
(b) in the entry relating to section 134, by deleting "to strict
security life imprisonment or";
(c) in the entry relating to section 144, by deleting "Forcibly
30 rescuing offenders sentenced or liable to strict security
life imprisonment" and inserting instead --
" Forcibly freeing certain offenders from custody ";
page 29
Criminal Law Amendment (Homicide) Bill 2008
Part 4 Various other Acts amended
s. 41
(d) by deleting the entry relating to section 281A.
(5) Schedule 2 item 1 is amended by deleting the entries relating to
sections 278, 279 and 280 and inserting instead --
"
5 s. 279 Murder
s. 280 Manslaughter
s. 281 Unlawful assault causing death
".
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