New South Wales Repealed Acts

This legislation has been repealed.

CRIMES LEGISLATION AMENDMENT ACT 2003 - SCHEDULE 6

SCHEDULE 6 – Amendment of Crimes (Sentencing Procedure) Act 1999 No 92

(Section 3)

[1] Section 12 Suspended sentences

Insert "the whole of" after "suspending execution of" in section 12 (1) (a).

[2] Section 59 Court may vary commencement of sentence on quashing or varying other sentence

Omit "consecutive" from section 59 (1). Insert instead "other".

[3] Section 59 (2)

Omit "consecutive".

[4] Section 59 (2)

Omit "each such sentence". Insert instead "each of them".

[5] Section 59 (3) and (4)

Omit "consecutive" wherever occurring.

[6] Section 65B

Insert after section 65A:

65B Periodic detention not available for certain sexual offences

(1) A periodic detention order may not be made in respect of a sentence of imprisonment for a prescribed sexual offence.

(2) In subsection (1), "prescribed sexual offence" means:

(a) an offence under Division 10 or 10A of Part 3 of the Crimes Act 1900 , being:

(i) an offence committed on a person under the age of 16 years, or

(ii) an offence, committed on a person of any age, the elements of which include sexual intercourse (as defined by section 61H of that Act), or

(b) an offence that includes the commission, or an intention to commit, an offence referred to in paragraph (a), or

(c) an offence that, at the time it was committed, was a prescribed sexual offence within the meaning of this definition, or

(d) an offence of attempting, or of conspiracy or incitement, to commit an offence referred to in paragraph (a), (b) or (c).

[7] Section 98 Proceedings for breach of good behaviour bond

Insert at the end of section 98 (1) (b):

or

(c) with the offender's consent, any other court of superior jurisdiction,

[8] Section 98 (1C)

Insert after section 98 (1B):

(1C) For the purposes of subsection (1) (c), a court is of superior jurisdiction to the court with which an offender has entered into a good behaviour bond if it is a court to which the offender has (or has had) a right of appeal with respect to the conviction or sentence from which the bond arises.

[9] Schedule 2 Savings, transitional and other provisions

Insert at the end of clause 1 (1):

Crimes Legislation Amendment Act 2003

[10] Schedule 2

Insert in appropriate order with appropriate Part and clause numbers:

Part - Provisions consequent on enactment of Crimes Legislation Amendment Act 2003

Application of amendments

(1) Section 65B, as inserted by the Crimes Legislation Amendment Act 2003 , does not apply to proceedings commenced before the commencement of that section.

(2) For the purposes of this clause, proceedings on indictment following an accused person's committal for trial for an offence are taken to have commenced when committal proceedings for the offence were first commenced.

(3) Section 65B, as inserted by the Crimes Legislation Amendment Act 2003 , extends to offences committed before the commencement of that section and, for that purpose, a "prescribed sexual offence" is taken to include:

(a) an offence committed before 13 June 2003 under Division 10 or 10A of Part 3 of the Crimes Act 1900 , as in force from time to time before that date, being:

(i) an offence committed on a person under the age of 16 years, or

(ii) an offence, committed on a person of any age, the elements of which include sexual intercourse (as defined by section 61H of that Act), homosexual intercourse (as defined by section 78G of that Act) or carnal knowledge (as defined by section 62 (2) of that Act), and

(b) an offence committed before 17 March 1991 under section 61B, 61C, 61D, 61E or 61F of the Crimes Act 1900 , as in force from time to time before that date, being:

(i) an offence committed on a person under the age of 16 years, or

(ii) an offence, committed on a person of any age, the elements of which include sexual intercourse (as defined by section 61A of that Act), and

(c) the offence of rape committed before 14 July 1981 as referred to in section 63 or 65 of the Crimes Act 1900 , as in force from time to time before that date.

Note: Item [1] amends section 12 of the Crimes (Sentencing Procedure) Act 1999 so as to make it clear that an order suspending execution of a sentence of imprisonment may be made in respect of the whole of the sentence only, and not for a part of the sentence.
Items [2]-[5] amend section 59 of the Crimes (Sentencing Procedure) Act 1999 so as to enable a court that quashes or varies a person's sentence of imprisonment to vary the commencement of other sentences of imprisonment to which the person is subject, whether concurrent or consecutive, and not just consecutive sentences (as is currently the case).
Item [6] inserts a new section 65B into the Crimes (Sentencing Procedure) Act 1999 . The new section prohibits a periodic detention order from being made in relation to a sentence of imprisonment that has been imposed for certain offences under Division 10 (sexual assault) or Division 10A (sexual servitude) of Part 3 of the Crimes Act 1900 , or for former offences of the same kind. Items [9] and [10] make consequential savings and transitional provisions.
Item [7] amends section 98 of the Crimes (Sentencing Procedure) Act 1999 so as to allow proceedings for breach of an offender's good behaviour bond to be dealt with by a court having superior jurisdiction to the court with which the offender entered into the bond, but only if the offender consents to the matter being dealt with by that court. Currently, such proceedings can only be dealt with by the court with which the offender entered into the bond or another court of like jurisdiction. Item [8] further amends section 98 so as to provide that, for the purposes of the new provision, a court is of superior jurisdiction to the court with which an offender has entered into a bond if it is a court to which the offender has (or has had) a right of appeal with respect to the conviction or sentence from which the bond arises.