New South Wales Repealed Acts

This legislation has been repealed.

CRIMES LEGISLATION AMENDMENT ACT 2004 - SCHEDULE 4

SCHEDULE 4 – Amendment of Crimes Act 1900 No 40

(Section 3)

[1] Section 52A Dangerous driving: substantive matters

Insert after section 52A (5) (f):

(g) the person falling from the vehicle, or being thrown or ejected from the vehicle, while being conveyed in or on the vehicle (whether as a passenger or otherwise),

(h) an impact between any object (including the ground) and the person, as a consequence of the person (or any part of the person) being or protruding outside the vehicle, while the person is being conveyed in or on the vehicle (whether as a passenger or otherwise).

[2] Section 52B Dangerous navigation: substantive matters

Insert after section 52B (5) (f):

(g) the person falling from the vessel, or being thrown or ejected from the vessel, while being conveyed in or on the vessel (whether as a passenger or otherwise),

(h) an impact between any object (including the water and the ground) and the person, as a consequence of the person (or any part of the person) being or protruding outside the vessel, while the person is being conveyed in or on the vessel (whether as a passenger or otherwise).

[3] Section 80A Sexual assault by forced self-manipulation

Insert in alphabetical order in section 80A (1):

"circumstances of aggravation" means circumstances in which:

(a) at the time of, or immediately before or after, the commission of the offence, the alleged offender maliciously inflicts actual bodily harm on the alleged victim or any other person who is present or nearby, or

(b) at the time of, or immediately before or after, the commission of the offence, the alleged offender 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

(c) the alleged offender is in the company of another person or persons, or

(d) the alleged victim is under the age of 16 years, or

(e) the alleged victim is (whether generally or at the time of the commission of the offence) under the authority of the alleged offender, or

(f) the alleged victim has a serious physical disability, or

(g) the alleged victim has a serious intellectual disability.

[4] Section 80A (2) and (2A)

Omit section 80A (2). Insert instead:

(2) Any person who compels another person to engage in self-manipulation, by means of a threat that the other person could not reasonably be expected to resist, is liable to imprisonment for 14 years.

(2A) Any person who compels another person to engage in self-manipulation:

(a) by means of a threat that the other person could not reasonably be expected to resist, and

(b) in circumstances of aggravation,

is liable to imprisonment for 20 years.

[5] Eleventh Schedule Savings and transitional provisions

Insert at the end of the Schedule, with appropriate Part and clause numbers:

Part - Crimes Legislation Amendment Act 2004

Dangerous driving and dangerous navigation

(1) Section 52A, as in force immediately before its amendment by the Crimes Legislation Amendment Act 2004 , continues to apply to circumstances arising before the commencement of that amendment as if that amendment had not been made.

(2) Section 52B, as in force immediately before its amendment by the Crimes Legislation Amendment Act 2004 , continues to apply to circumstances arising before the commencement of that amendment as if that amendment had not been made.

Sexual assault by forced self-manipulation Section 80A, as in force immediately before its amendment by the Crimes Legislation Amendment Act 2004 , continues to apply to an offence committed before the commencement of those amendments as if those amendments had not been made.

Note: Item [1] amends section 52A so as to extend the range of circumstances that can give rise to an offence of dangerous driving occasioning death or grievous bodily harm.
Item [2] amends section 52B so as to extend the range of circumstances that can give rise to an offence of dangerous navigation occasioning death or grievous bodily harm.
Items [3] and [4] amend section 80A so as to create separate offences of sexual assault by forced self-manipulation and sexual assault by forced self-manipulation in circumstances of aggravation. "Circumstances of aggravation" are defined in the same way as they are defined in relation to other sexual assaults. One consequence of this similarity is that the penalty of 20 years that currently applies if the victim is under 10 years' old will in future apply if the victim is under 16 years' old.
Item [5] deals with savings and transitional matters.