Australian Capital Territory Current Acts

CRIMES ACT 1900 - SECT 66B

    (1)     More than 1 incident of the commission of the same child sexual offence may be included in a single charge if, and only if—

        (a)     each incident constitutes an offence against the same provision; and

        (b)     each incident relates to the same complainant; and

        (c)     the incidents take place on more than 1 occasion over a stated period; and

        (d)     the incidents, taken together, amount to a course of conduct having regard to—

              (i)     the time at which the incident happened; or

              (ii)     the place at which the incident happened; or

              (iii)     the purpose for which the incident was committed; or

              (iv)     any other relevant matter.

    (2)     For subsection (1), more than 1 type of act on different occasions may be alleged.

Example

penetrative sexual intercourse on 1 occasion and oral sexual intercourse on another occasion

    (3)     To remove any doubt—

        (a)     subsection (1) does not establish a new offence; and

        (b)     a charge under subsection (1) is a charge of a single offence.

    (4)     A charge for a child sexual offence under this section must contain particulars that are necessary to give reasonable information about the various incidents of the offence that are alleged to amount to a course of conduct over a stated period.

    (5)     However—

        (a)     the charge need not include particulars of any specific incident of the offence, including the date, time, place, circumstances or occasion of the incident; and

        (b)     the particulars do not need to distinguish any specific incident of the offence from any other.

    (6)     The prosecution must prove beyond reasonable doubt that the incidents of an offence committed by the accused, taken together, amount to a course of conduct having regard to—

        (a)     the time at which the incident happened; or

        (b)     the place at which the incident happened; or

        (c)     the purpose for which the incident was committed; or

        (d)     any other relevant matter.

    (7)     For subsection (6), it is not necessary to prove an incident with the same degree of specificity as to date, time, place, circumstance or occasion as would be required if the person were charged with the child sexual offence constituted only by that incident.

    (8)     Without limiting subsection (7), it is not necessary to prove—

        (a)     any particular number of incidents of the offence or the dates, times, places, circumstances or occasions of the incidents; or

        (b)     that there were distinctive features differentiating any of the incidents; or

        (c)     the general circumstances of any particular incident.

    (9)     To remove any doubt, a person charged under this section may rely on any exception, exemption, proviso, excuse or qualification that applies to the offence with which the person is charged.

    (10)     A proceeding for a charge for a child sexual offence under this section must not be started without the consent of the director of public prosecutions.

    (11)     However, a person may be arrested for, charged with, or remanded in custody or granted bail for, a child sexual offence before the consent has been given.

    (12)     In this section:

"child sexual offence" means—

        (a)     an offence against a child under this part; or

        (b)     an offence against a child under a sexual offence provision of this Act previously in force.