Sentencing Legislation Amendment Act 2014

 

Sentencing Legislation Amendment Act 2014

Contents

Part 1 — Preliminary

1.Short title2

2.Commencement2

Part 2 — Sentencing Act 1995 amended

3.Act amended3

4.Section 85 amended3

5.Section 93 amended4

6.Section 95A inserted4

95A.Eligibility for parole where certain mandatory minimum sentences imposed4

Part 3 — Sentence Administration Act 2003 amended

7.Act amended4

8.Section 7 amended4

9.Section 23 amended4

10.Section 24 inserted4

24.Transitional provision for Sentencing Legislation Amendment Act 20144

11.Schedule 2 amended4

 

Sentencing Legislation Amendment Act 2014

No. 6 of 2014

An Act to amend the Sentencing Act 1995 and the Sentence Administration Act 2003.

 

[Assented to 22 April 2014]

 

 

The Parliament of Western Australia enacts as follows:

 

Part 1  Preliminary

1.Short title

This is the Sentencing Legislation Amendment Act 2014.

2.Commencement

This Act comes into operation as follows —

(a)Part 1 — on the day on which this Act receives the Royal Assent;

(b)Parts 2 and 3 — on the day after that day.

Part 2  Sentencing Act 1995 amended

3.Act amended

This Part amends the Sentencing Act 1995.

4.Section 85 amended

In section 85(1) insert in alphabetical order:

 

mandatory minimum sentence, in relation to a prescribed offence, means —

(a)in the case of an offence against The Criminal Code section 297, the minimum term of imprisonment required by that section if the offence is committed in prescribed circumstances as defined in subsection (8) of that section;

(b)in the case of an offence against The Criminal Code section 318, the minimum term of imprisonment required by subsection (4)(a) or (b) of that section, whichever of those minimum terms is applicable to the circumstances of the offence;

(c)in the case of an offence against the Road Traffic Act 1974 section 59, the minimum term of imprisonment required by subsection (4A)(a) of that section;

(d)in the case of an offence against the Road Traffic Act 1974 section 59A, the minimum term of imprisonment required by subsection (4A)(a) of that section;

prescribed offence means any of the following offences, if the offence is committed by a person who, at the time of the commission of the offence, has reached 18 years of age —

(a)an offence against The Criminal Code section 297, if the offence is committed in prescribed circumstances as defined in subsection (8) of that section;

(b)an offence against The Criminal Code section 318, if the offence is committed in prescribed circumstances as defined in subsection (5) of that section;

(c)an offence against the Road Traffic Act 1974 section 59 or 59A, if the offence is committed in the circumstance of aggravation referred to in section 49AB(1)(c) of that Act;

 

5.Section 93 amended

In section 93(1) delete “section 94,” and insert:

 

sections 94 and 95A,

 

6.Section 95A inserted

After section 94 insert:

 

95A.Eligibility for parole where certain mandatory minimum sentences imposed

(1)For the purposes of section 93(1), a prisoner serving a parole term for a prescribed offence is eligible to be released on parole when he or she has served the greater of —

(a)the mandatory minimum sentence applicable to that offence; or

(b)the period that, under section 93(1), he or she would be required to serve before being eligible to be released on parole if the offence were not a prescribed offence.

(2)Subsection (3) applies to a prisoner if —

(a)the prisoner is serving 2 or more parole terms; and

(b)those parole terms are to be aggregated under section 94; and

(c)2 or more of those parole terms are for prescribed offences.

(3)If this subsection applies to a prisoner then, for the purposes of section 93(1), the prisoner is eligible to be released on parole when he or she has served the greater of —

(a)the aggregate of the mandatory minimum sentences applicable to each of the prescribed offences that he or she is serving; or

(b)the period that, under sections 93(1) and 94, he or she would be required to serve before being eligible to be released on parole if the offences were not prescribed offences.

(4)If a parole term was imposed before the Sentencing Legislation Amendment Act 2014 Part 2 comes into operation, this Division and the Sentence Administration Act 2003 Part 3 Division 3 apply to and in relation to that parole term as if the Sentencing Legislation Amendment Act 2014 Part 2 had not been enacted.

 

Part 3  Sentence Administration Act 2003 amended

7.Act amended

This Part amends the Sentence Administration Act 2003.

8.Section 7 amended

In section 7(2)(b) and (c) delete “section 94” and insert:

 

sections 94 and 95A

 

9.Section 23 amended

Delete section 23(2) and insert:

 

(2)A prisoner is eligible to be released on parole —

(a)if he or she is serving a term for a prescribed offence, when he or she has served the greater of —

(i)the mandatory minimum sentence applicable to the offence; or

(ii)one‑half of his or her term;

or

(b)if he or she is serving a term for 2 or more prescribed offences, when he or she has served the greater of —

(i)the aggregate of the mandatory minimum sentences applicable to each of those prescribed offences; or

(ii)one‑half of his or her term;

or

(c)in any other case, when he or she has served one‑half of his or her term.

 

10.Section 24 inserted

At the end of Part 3 Division 4 insert:

 

24.Transitional provision for Sentencing Legislation Amendment Act 2014

If a term was imposed before the Sentencing Legislation Amendment Act 2014 Part 3 comes into operation, this Division applies to and in relation to that term as if that Part had not been enacted.

 

11.Schedule 2 amended

(1)In the heading to Schedule 2 delete “Prescribed” and insert:

 

Serious

 

(2)In Schedule 2 delete “prescribed” and insert:

 

serious

 

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