Western Australia
Criminal Code Amendment Act 2009
CONTENTS
1. Short title 1
2. Commencement 1
3. The Criminal Code amended 1
4. Section 297 amended 1
5. Section 318 amended 3
6. Section 740A inserted 5
740A. Review of certain amendments to s. 297 and 318 5
Western Australia
Criminal Code Amendment Act 2009
No. 21 of 2009
An Act to amend The Criminal Code.
[Assented to 21 September 2009]
The Parliament of Western Australia enacts as follows:
1. Short title
This is the Criminal Code Amendment Act 2009.
2. Commencement
This Act comes into operation as follows —
(a) sections 1 and 2 — on the day on which this Act receives the Royal Assent;
(b) the rest of the Act — on the day after that day.
3. The Criminal Code amended
This Act amends The Criminal Code.
4. Section 297 amended
After section 297(4) insert:
(5) If the offence is committed in prescribed circumstances by a person who has reached 16 but not 18 years of age, then, notwithstanding the Young Offenders Act 1994 and in particular section 46(5a) of it, the court sentencing the offender —
(a) must sentence the offender either —
(i) to a term of imprisonment of at least 3 months, notwithstanding the Sentencing Act 1995 section 86; or
(ii) to a term of detention (as defined in the Young Offenders Act 1994 section 3) of at least 3 months,
as the court thinks fit; and
(b) must not suspend any term of imprisonment imposed under paragraph (a)(i); and
(c) must record a conviction against the offender.
(6) Subsection (5) does not prevent a court from making a direction under the Young Offenders Act 1994 section 118(4) or a special order under Part 7 Division 9 of that Act.
(7) If the offence is committed in prescribed circumstances by a person who has reached 18 years of age, then, notwithstanding any other written law, the court sentencing the offender —
(a) must sentence the offender to a term of imprisonment of at least 12 months; and
(b) must not suspend the term of imprisonment imposed under paragraph (a).
(8) In subsections (5) and (7) —
prescribed circumstances means any of these circumstances —
(a) where the offence is committed in the circumstances set out in subsection (4)(a) or (b) and the public officer is —
(i) a police officer; or
(ii) a prison officer as defined in the Prisons Act 1981 section 3(1); or
(iii) a security officer as defined in the Public Transport Authority Act 2003 section 3;
(b) where the offence is committed in the circumstances set out in subsection (4)(d)(i), (f) or (g).
5. Section 318 amended
After section 318(1) insert:
(2) If a person is convicted of an offence against this section committed in prescribed circumstances at a time when the person had reached 16 but not 18 years of age, then, notwithstanding the Young Offenders Act 1994 and in particular section 46(5a) of it, the court sentencing the person —
(a) must sentence the offender to either —
(i) a term of imprisonment of at least 3 months, notwithstanding the Sentencing Act 1995 section 86; or
(ii) to a term of detention (as defined in the Young Offenders Act 1994 section 3) of at least 3 months,
as the court thinks fit; and
(b) must not suspend any term of imprisonment imposed under paragraph (a)(i); and
(c) must record a conviction against the person.
(3) Subsection (2) does not prevent a court from making a direction under the Young Offenders Act 1994 section 118(4) or a special order under Part 7 Division 9 of that Act.
(4) If a person is convicted of an offence against this section committed in prescribed circumstances at a time when the person had reached 18 years of age, then, notwithstanding any other written law, the court sentencing the person —
(a) if the offence is committed in the circumstances set out in subsection (1)(l) — must sentence the person to a term of imprisonment of at least 9 months;
(b) if the offence is not committed in the circumstances set out in subsection (1)(l) — must sentence the person to a term of imprisonment of at least 6 months,
and must not suspend the term of imprisonment imposed under paragraph (a) or (b).
(5) In subsections (2) and (4) —
prescribed circumstances means any of these circumstances —
(a) where the offence is committed under subsection (1)(d) or (e) against a public officer who is —
(i) a police officer; or
(ii) a prison officer as defined in the Prisons Act 1981 section 3(1); or
(iii) a security officer as defined in the Public Transport Authority Act 2003 section 3,
and the officer suffers bodily harm;
(b) where the offence is committed under subsection (1)(h)(i), (j) or (k) and the person assaulted suffers bodily harm.
6. Section 740A inserted
After section 739 insert:
740A.
(1) The Minister shall carry out a review of the operation and effectiveness of the amendments made to this Code by the Criminal Code Amendment Act 2009 as soon as practicable after the third anniversary of the day on which those amendments came into operation.
(2) The Minister shall prepare a report based on the review made under subsection (1), and shall, as soon as is practicable after that preparation, cause the report to be laid before each House of Parliament.
