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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Crimes Amendment (Aggravated
Sexual Assault in Company) Bill 2001
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Crimes Act 1900 No 40 2
4 Consequential amendment of other Acts 2
Schedules
1 Amendment of Crimes Act 1900 3
2 Consequential amendment of other Acts 6
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY, has
finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW
SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2001
New South Wales
Crimes Amendment (Aggravated
Sexual Assault in Company) Bill 2001
Act No , 2001
An Act to amend the Crimes Act 1900 to provide for a maximum penalty of life
imprisonment for aggravated sexual assault in company; and for related purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill as
finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Crimes Amendment (Aggravated Sexual Assault in Company) Bill 2001
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Crimes Amendment (Aggravated Sexual Assault in
Company) Act 2001.
2 Commencement
This Act commences on a day or days to be appointed by
proclamation.
3 Amendment of Crimes Act 1900 No 40
The Crimes Act 1900 is amended as set out in Schedule 1.
4 Consequential amendment of other Acts
Each Act referred to in Schedule 2 is amended as set out in that
Schedule.
Page 2
Crimes Amendment (Aggravated Sexual Assault in Company) Bill 2001
Amendment of Crimes Act 1900 Schedule 1
Schedule 1 Amendment of Crimes Act 1900
(Section 3)
[1] Section 4 Definitions
Insert ", 61JA" after "61J" in the definition of Personal violence offence in
section 4 (1).
[2] Section 61JA
Insert after section 61J:
61JA Aggravated sexual assault in company
(1) A person:
(a) who has sexual intercourse with another person without
the consent of the other person and who knows that the
other person does not consent to the sexual intercourse,
and
(b) who is in the company of another person or persons,
and
(c) who:
(i) at the time of, or immediately before or after, the
commission of the offence, maliciously inflicts
actual bodily harm on the alleged victim or any
other person who is present or nearby, or
(ii) at the time of, or immediately before or after, the
commission of the offence, threatens to inflict
actual bodily harm on the alleged victim or any
other person who is present or nearby by means
of an offensive weapon or instrument, or
(iii) deprives the alleged victim of his or her liberty
for a period before or after the commission of
the offence,
is liable to imprisonment for life.
(2) A person sentenced to imprisonment for life for an offence
under this section is to serve that sentence for the term of the
person's natural life.
Page 3
Crimes Amendment (Aggravated Sexual Assault in Company) Bill 2001
Schedule 1 Amendment of Crimes Act 1900
(3) Nothing in this section affects the operation of section 21 of the
Crimes (Sentencing Procedure) Act 1999 (which authorises the
passing of a lesser sentence than imprisonment for life).
(4) Nothing in this section affects the prerogative of mercy.
[3] Section 61P Attempt to commit offence under sections 61I-61O
Insert ", 61JA" after "61J".
[4] Section 61Q Alternative verdicts
Insert after section 61Q (1):
(1A) Question of aggravation in company. If on the trial of a person
for an offence under section 61JA the jury is not satisfied that
the accused is guilty of the offence charged, but is satisfied on
the evidence that the accused is guilty of an offence under
section 61I or 61J, it may find the person not guilty of the
offence charged but guilty of the latter offence, and the accused
is liable to punishment accordingly.
[5] Section 61Q (3)
Insert "or 61JA" after "61J".
[6] Section 61R Consent
Omit "61I and 61J" wherever occurring.
Insert instead "61I, 61J and 61JA".
[7] Section 61T Offender married to victim
Insert ", 61JA" after "61J".
[8] Section 61U Circumstances of certain sexual offences to be considered
in passing sentence
Insert at the end of section 61U (b):
or
(c) both an offence under section 61JA and an offence
under section 61K,
Page 4
Crimes Amendment (Aggravated Sexual Assault in Company) Bill 2001
Amendment of Crimes Act 1900 Schedule 1
[9] Section 66EA Persistent sexual abuse of a child
Insert ", 61JA" after "61J" in the definition of sexual offence in
section 66EA (12).
[10] Section 431A Life sentences
Insert ", for an offence under 61JA" after " for the offence of murder" in
section 431A (2).
Page 5
Crimes Amendment (Aggravated Sexual Assault in Company) Bill 2001
Schedule 2 Consequential amendment of other Acts
Schedule 2 Consequential amendment of other Acts
(Section 4)
2.1 Bail Act 1978 No 161
Section 9 Presumption in favour of bail for certain
offences--exceptions
Insert ", 61JA" after "61J" in section 9 (1) (c).
2.2 Children (Care and Protection) Act 1987 No 54
Section 3 Definitions
Insert ", 61JA" after "61J" in section 3 (9).
2.3 Crimes (Sentencing Procedure) Act 1999 No 92
Schedule 1 Existing life sentences
Insert "or 61JA" after "19A" in the definition of existing life sentence in
clause 1.
Page 6
Crimes Amendment (Aggravated Sexual Assault in Company) Bill 2001
Consequential amendment of other Acts Schedule 2
2.4 Criminal Procedure Act 1986 No 209
Section 3 Definitions
Insert ", 61JA" after "61J" in the definition of prescribed sexual offence in
section 3 (1).
Page 7
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