Crimes (Offences Against Pregnant Women) Amendment Act 2006 (ACT)

Case

Crimes (Offences Against Pregnant Women) Amendment Act 2006

A2006-5

Contents

Page

  1. Name of Act  2

  2. Commencement  2

  3. Legislation amended  2

  4. Manslaughter


    New section 15 (3)  2

  5. Intentionally inflicting grievous bodily harm


    Section 19  2

  6. New section 19 (2)  3

  7. Recklessly inflicting grievous bodily harm


    Section 20  3

  8. New section 20 (2)  3

  9. Wounding


    Section 21  3

  10. New section 21 (2)  4

  11. Inflicting actual bodily harm


    Section 23  4

  12. New section 23 (2)  4

  13. Assault occasioning actual bodily harm


    Section 24  4

  14. New section 24 (2)  5

  15. Culpable driving of motor vehicle


    New section 29 (2A)  5

  16. New section 29 (3A)  5

  17. Section 29  5

  18. New sections 48A and 48B  6

  19. Section 49 heading  11

  20. Matters to which court to have regard


    New section 342 (1) (w)  11

  21. Dictionary, new definition of actual bodily harm  11

  22. Dictionary, definition of grievous bodily harm  12

  23. Dictionary, definition of serious harm  12

Crimes (Offences Against Pregnant Women) Amendment Act 2006

A2006-5

An Act to amend the Crimes Act 1900

The Legislative Assembly for the Australian Capital Territory enacts as follows:

  1. Name of Act

    This Act is the Crimes (Offences Against Pregnant Women) Amendment Act 2006.

  2. Commencement

    This Act commences on the day after its notification day.

    NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

  3. Legislation amended

    This Act amends the Crimes Act 1900.

  4. Manslaughter
    New section 15 (3)

    insert

    (3)However, for an aggravated offence against this section, the maximum penalty is imprisonment for 26 years.

    NoteSection 48A (Aggravated offences—offences against pregnant women) makes provision in relation to aggravated offences against this section.

  5. Intentionally inflicting grievous bodily harm
    Section 19

    omit

    A person

    substitute

    (1)A person

  6. New section 19 (2)

    insert

    (2)However, for an aggravated offence against this section, the maximum penalty is imprisonment for 20 years.

    NoteSection 48A (Aggravated offences—offences against pregnant women) makes provision in relation to aggravated offences against this section.

  7. Recklessly inflicting grievous bodily harm
    Section 20

    omit

    A person

    substitute

    (1)A person

  8. New section 20 (2)

    insert

    (2)However, for an aggravated offence against this section, the maximum penalty is imprisonment for 13 years.

    NoteSection 48A (Aggravated offences—offences against pregnant women) makes provision in relation to aggravated offences against this section.

  9. Wounding
    Section 21

    omit

    A person

    substitute

    (1)A person

  10. New section 21 (2)

    insert

    (2)However, for an aggravated offence against this section, the maximum penalty is imprisonment for 7 years.

    NoteSection 48A (Aggravated offences—offences against pregnant women) makes provision in relation to aggravated offences against this section.

  11. Inflicting actual bodily harm
    Section 23

    omit

    A person

    substitute

    (1)A person

  12. New section 23 (2)

    insert

    (2)However, for an aggravated offence against this section, the maximum penalty is imprisonment for 7 years.

    NoteSection 48A (Aggravated offences—offences against pregnant women) makes provision in relation to aggravated offences against this section.

  13. Assault occasioning actual bodily harm
    Section 24

    omit

    A person

    substitute

    (1)A person

  14. New section 24 (2)

    insert

    (2)However, for an aggravated offence against this section, the maximum penalty is imprisonment for 7 years.

    NoteSection 48A (Aggravated offences—offences against pregnant women) makes provision in relation to aggravated offences against this section.

  15. Culpable driving of motor vehicle
    New section 29 (2A)

    insert

    (2A)However, for an aggravated offence against subsection (2), the maximum penalty is imprisonment for 9 years.

    NoteSection 48A (Aggravated offences—offences against pregnant women) makes provision in relation to aggravated offences against this section.

  16. New section 29 (3A)

    insert

    (3A)However, for an aggravated offence against subsection (3), the maximum penalty is imprisonment for 5 years.

  17. Section 29

    renumber subsections when Act next republished under Legislation Act

  18. New sections 48A and 48B

    insert

48AAggravated offences—offences against pregnant women

(1)This section applies to an offence against any of the following provisions:

(a)section 15 (Manslaughter);

(b)section 19 (Intentionally inflicting grievous bodily harm);

(c)section 20 (Recklessly inflicting grievous bodily harm);

(d)section 21 (Wounding);

(e)section 23 (Inflicting actual bodily harm);

(f)section 24 (Assault occasioning actual bodily harm);

(g)section 29 (2) or (3) (Culpable driving of motor vehicle).

(2)The offence is an aggravated offence if—

(a)the offence was committed against a pregnant woman; and

(b)the commission of the offence caused—

(i)the loss of, or serious harm to, the pregnancy; or

(ii)the death of, or serious harm to, a child born alive as a result of the pregnancy.

(3)However, the offence is not an aggravated offence if the defendant proves, on the balance of probabilities, that the defendant did not know, and could not reasonably have known, that the woman was pregnant.

(4)If the prosecution intends to prove that the offence is an aggravated offence, the relevant factors of aggravation must be stated in the charge.

(5)To remove any doubt—

(a)it is not necessary for the prosecution to prove that the defendant had a fault element in relation to any factor of aggravation; and

(b)the Criminal Code, chapter 2 (other than the applied provisions) does not apply to an offence to which this section applies, whether or not it is an aggravated offence.

(6)In this section:

applied provisions—see the Criminal Code, section 10 (1).

cause loss, serious harm or death—a person’s conduct causes loss, serious harm or death if it substantially contributes to the loss, serious harm or death.

factor of aggravation means a matter mentioned in subsection (2) (a) or (b).

harm to a child—see the Criminal Code, dictionary, definition of harm.

harm to a pregnancy includes maternal haemorrhage, rupture of the uterus or membranes, placental abruption, pre-term uterine contractions, fetal haemorrhage and trauma to the fetus.

loss of a pregnancy means a miscarriage or stillbirth.

serious harm to a child—see the Criminal Code, dictionary, definition of serious harm.

serious harm to a pregnancy means any harm (including the cumulative effect of more than 1 harm) that—

(a)is likely to cause loss of the pregnancy; or

(b)endangers, or is likely to endanger, the natural course of the pregnancy.

48BAlternative verdicts for aggravated offences—offences against pregnant women

(1)If, in a prosecution for an aggravated offence mentioned in column 2 of an item in table 48B, the trier of fact is not satisfied that the defendant committed the aggravated offence, but is satisfied beyond reasonable doubt that the defendant committed an offence mentioned in column 3 of the item (the alternative offence), the trier of fact may find the defendant guilty of the alternative offence but only if the defendant has been given procedural fairness in relation to that finding of guilt.

Table 48B

column 1

item

column 2

aggravated offence

column 3

alternative offences
1 section 15 (Manslaughter), aggravated offence 1.1      section 15, simple offence
1.2      section 17 (1) (Suicide—aiding etc)
1.3      section 17 (2)
1.4      section 20 (Recklessly inflicting grievous bodily harm), aggravated offence
1.5      section 20, simple offence
1.6      section 25 (Causing grievous bodily harm)
1.7      section 29 (2) (Culpable driving of motor vehicle—causing death), aggravated offence
1.8      section 29 (2), simple offence
1.9      section 42 (Child destruction)
1.10     section 47 (Concealment of birth)
2 section 19 (Intentionally inflicting grievous bodily harm), aggravated offence 2.1      section 19, simple offence
2.2      section 20 (Recklessly inflicting grievous bodily harm), aggravated offence
2.3      section 20, simple offence
2.4      section 21 (Wounding), aggravated offence
2.5      section 21, simple offence
2.6      section 23 (Inflicting actual bodily harm), aggravated offence
2.7      section 23, simple offence
2.8      section 43 (Childbirth—grievous bodily harm)
3 section 20 (Recklessly inflicting grievous bodily harm), aggravated offence 3.1      section 20, simple offence
3.2      section 23 (Inflicting actual bodily harm), aggravated offence
3.3      section 23, simple offence
3.4      section 25 (Causing grievous bodily harm)
3.5      section 29 (3) (Culpable driving of motor vehicle—causing grievous bodily harm), aggravated offence
3.6      section 29 (3), simple offence
3.7      section 43 (Childbirth—grievous bodily harm)
4 section 21 (Wounding), aggravated offence 4.1      section 21, simple offence
4.2      section 23 (Inflicting actual bodily harm), aggravated offence
4.3      section 23, simple offence
4.4      section 24 (Assault occasioning actual bodily harm), aggravated offence
4.5      section 24, simple offence
4.6      section 26 (Common assault)

(2)In this section:

aggravated offence—see section 48A (2).

simple offence—a simple offence, in relation to a provision, means an offence against the provision that is not an aggravated offence against the provision.

  1. Section 49 heading

    substitute

  2. Alternative verdicts for certain other offences against the person

  3. Matters to which court to have regard
    New section 342 (1) (w)

    insert

    (w)if a victim of the offence was a pregnant woman—

    (i)whether the person knew, or ought reasonably to have known, that the woman was pregnant; and

    (ii)whether the person intended to cause, or was reckless about causing, loss of or harm to the pregnancy; and

    (iii)the loss of or harm to the pregnancy; and

    (iv)whether the person intended to cause, or was reckless about causing, the death of or harm to a child born alive as a result of the pregnancy; and

    (v)the death of or harm to a child born alive as a result of the pregnancy.

  4. Dictionary, new definition of actual bodily harm

    insert

    actual bodily harm to a pregnant woman includes harm to the pregnancy other than in the course of a medical procedure (whether or not the woman suffers any other harm).

  5. Dictionary, definition of grievous bodily harm

    substitute

    grievous bodily harm to a person includes—

    (a)any permanent or serious disfiguring of the person; and

    (b)for a pregnant woman—loss of or serious harm to the pregnancy other than in the course of a medical procedure (whether or not the woman suffers any other harm).

    harm to a pregnancy—see section 48A (6).

  6. Dictionary, definition of serious harm

    substitute

    serious harm—

    (a)to a pregnancy—see section 48A (6); and

    (b)for part 2A (Industrial manslaughter)—see the Criminal Code, dictionary.

Endnotes

  1. Presentation speech

    Presentation speech made in the Legislative Assembly on 24 November 2005.

  2. Notification

    Notified under the Legislation Act on 15 March 2006.

  3. Republications of amended laws

    For the latest republication of amended laws, see certify that the above is a true copy of the Crimes (Offences Against Pregnant Women) Amendment Bill 2006, which originated in the Legislative Assembly as the Crimes (Offences Against Pregnant Women) Amendment Bill 2005 and was passed by the Assembly on 7 March 2006.

    Clerk of the Legislative Assembly

    © Australian Capital Territory 2006

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