Western Australian Current Acts

SENTENCING ACT 1995 - SECT 23A

23A .         Terms used

                In this Division —

        family victim , in relation to an offence, means a person who was, at the time the offence was committed, a member of the primary victim’s immediate family, and includes such a person whether or not the person has suffered personal harm as a result of the offence;

        member of the primary victim’s immediate family means —

            (a)         the primary victim’s spouse; or

            (b)         the primary victim’s de facto partner; or

            (c)         a person to whom the primary victim is engaged to be married; or

            (d)         a parent, grandparent, guardian, step-parent or step-grandparent of the primary victim; or

            (e)         a child, grandchild, step-child or step-grandchild of the primary victim or some other child for whom the primary victim is the guardian; or

            (f)         a brother, sister, half-brother, half-sister, step-brother or step-sister of the primary victim; or

            (g)         if, at the time of the offence, the primary victim was an Aboriginal person or a Torres Strait Islander requiring care, a person who, in the opinion of the court, is regarded under the customary law or tradition of the primary victim’s community as the equivalent of the primary victim’s guardian or carer;

        personal harm means bodily harm or psychological or psychiatric harm;

        primary victim , in relation to an offence, means —

            (a)         a person against whom the offence was committed; or

            (b)         a person who was a witness to the offence if it included any of the following —

                  (i)         actual or threatened violence;

                  (ii)         sexual assault;

                  (iii)         bodily harm;

                  (iv)         death;

        requiring care , in relation to a person, means a person who —

            (a)         is under 18 years of age; or

            (b)         in the absence of positive evidence as to age, appears to be under 18 years of age; or

            (c)         because of a mental or physical impairment, is unable to give a victim impact statement;

        victim means a primary victim or a family victim;

        victim impact statement means a statement containing particulars of —

            (a)         in the case of a primary victim, any personal harm suffered by the victim as a direct result of the offence; or

            (b)         in the case of a family victim, the impact of the primary victim’s personal harm on the members of the primary victim’s immediate family.

        [Section 23A inserted: No. 45 of 2016 s. 53.]