2005

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Attorney-General)

2005

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Attorney-General)

An Act to amend the Crimes Act 1900

The Legislative Assembly for the Australian Capital Territory enacts as follows:

This Act is the Crimes (Offences Against Pregnant Women) Amendment Act 2005.

This Act commences on the day after its notification day.

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

This Act amends the Crimes Act 1900.

(3) However, for an aggravated offence against this section, the maximum penalty is imprisonment for 26 years.

Note Section 48A (Aggravated offences—offences against pregnant women) makes provision in relation to aggravated offences against this section.

A person

(1) A person

(2) However, for an aggravated offence against this section, the maximum penalty is imprisonment for 20 years.

Note Section 48A (Aggravated offences—offences against pregnant women) makes provision in relation to aggravated offences against this section.

A person

(1) A person

(2) However, for an aggravated offence against this section, the maximum penalty is imprisonment for 13 years.

Note Section 48A (Aggravated offences—offences against pregnant women) makes provision in relation to aggravated offences against this section.

A person

(1) A person

(2) However, for an aggravated offence against this section, the maximum penalty is imprisonment for 7 years.

Note Section 48A (Aggravated offences—offences against pregnant women) makes provision in relation to aggravated offences against this section.

A person

(1) A person

(2) However, for an aggravated offence against this section, the maximum penalty is imprisonment for 7 years.

Note Section 48A (Aggravated offences—offences against pregnant women) makes provision in relation to aggravated offences against this section.

A person

(1) A person

(2) However, for an aggravated offence against this section, the maximum penalty is imprisonment for 7 years.

Note Section 48A (Aggravated offences—offences against pregnant women) makes provision in relation to aggravated offences against this section.

(2A) However, for an aggravated offence against subsection (2), the maximum penalty is imprisonment for 9 years.

Note Section 48A (Aggravated offences—offences against pregnant women) makes provision in relation to aggravated offences against this section.

(3A) However, for an aggravated offence against subsection (3), the maximum penalty is imprisonment for 5 years.

(1) This section applies to an offence against any of the following provisions:

(a) section 15 (Manslaughter);

(b) section 19 (Intentionally inflicting grievous bodily harm);

(c) section 20 (Recklessly inflicting grievous bodily harm);

(d) section 21 (Wounding);

(e) section 23 (Inflicting actual bodily harm);

(f) section 24 (Assault occasioning actual bodily harm);

(g) section 29 (2) or (3) (Culpable driving of motor vehicle).

(2) The offence is an aggravated offence if—

(a) the offence was committed against a pregnant woman; and

(b) the commission of the offence caused—

(i) the loss of, or serious harm to, the pregnancy; or

(ii) the death of, or serious harm to, a child born alive as a result of the pregnancy.

(3) If the prosecution intends to prove an aggravated offence, the relevant factors of aggravation must be stated in the charge.

(4) It is not necessary to prove that the person who committed the offence had a fault element in relation to any factor of aggravation.

(5) To remove any doubt, the Criminal Code, chapter 2 (other than the applied provisions) does not apply to an offence to which this section applies, whether or not it is an aggravated offence.

(6) In this section:

applied provisions—see the Criminal Code, section 10 (1).

cause loss, serious harm or death—a person’s conduct causes loss, serious harm or death if it substantially contributes to the loss, serious harm or death.

factor of aggravation means a matter mentioned in subsection (2) (a) or (b).

harm to a child—see the Criminal Code, dictionary, definition of harm.

harm to a pregnancy includes maternal haemorrhage, rupture of the uterus or membranes, placental abruption, pre-term uterine contractions, fetal haemorrhage and trauma to the fetus.

loss of a pregnancy means a miscarriage or stillbirth.

serious harm to a child—see the Criminal Code, dictionary, definition of serious harm.

serious harm to a pregnancy means any harm (including the cumulative effect of more than 1 harm) that—

(a) is likely to cause loss of the pregnancy; or

(b) endangers, or is likely to endanger, the natural course of the pregnancy.

(1) If, in a prosecution for an aggravated offence mentioned in column 2 of an item in table 48B, the trier of fact is not satisfied that the defendant committed the aggravated offence, but is satisfied beyond reasonable doubt that the defendant committed an offence mentioned in column 3 of the item (the alternative offence), the trier of fact may find the defendant guilty of the alternative offence but only if the defendant has been given procedural fairness in relation to that finding of guilt.

(2) In this section:

aggravated offence—see section 48A (2).

simple offence—a simple offence, in relation to a provision, means an offence against the provision that is not an aggravated offence against the provision.

(w) if a victim of the offence was a pregnant woman—

(i) whether the person knew, or ought reasonably to have known, that the woman was pregnant; and

(ii) whether the person intended to cause, or was reckless about causing, loss of or harm to the pregnancy; and

(iii) the loss of or harm to the pregnancy; and

(iv) whether the person intended to cause, or was reckless about causing, the death of or harm to a child born alive as a result of the pregnancy; and

(v) the death of or harm to a child born alive as a result of the pregnancy.

actual bodily harm to a pregnant woman includes harm to the pregnancy other than in the course of a medical procedure (whether or not the woman suffers any other harm).

grievous bodily harm to a person includes—

(a) any permanent or serious disfiguring of the person; and

(b) for a pregnant woman—loss of or serious harm to the pregnancy other than in the course of a medical procedure (whether or not the woman suffers any other harm).

harm to a pregnancy—see section 48A (6).

(a) to a pregnancy—see section 48A (6); and

(b) for part 2A (Industrial manslaughter)—see the Criminal Code, dictionary.

Presentation speech made in the Legislative Assembly on 2005.

Notified under the Legislation Act on 2005.

For the latest republication of amended laws, see www.legislation.act.gov.au.