Crimes (Sentencing) Amendment Act 2013 (ACT)

Crimes (Sentencing) Amendment Act 2013

A2013-36

An Act to amend the Crimes (Sentencing) Act 2005

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

1. Name of Act

   This Act is the Crimes (Sentencing) Amendment Act 2013.

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 (Sentencing) Act 2005.

4. Sentencing—relevant considerations
   Section 33 (1) (k)

   substitute

   (k)any assistance by the defence in the administration of justice (see section 35A);

5. New section 35A

   insert

35AReduction of sentence—assistance in administration of justice

(1)This section applies if—

(a)an offender is convicted or found guilty of an offence; and

(b)before or after the conviction or finding of guilt, the defence assisted in the administration of justice for the offence.

Example—par (b)

an admission made by the defence pre-trial or during a trial

NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(2)A court may impose a lesser penalty (including a shorter nonparole period) on the offender than it would otherwise have imposed having regard to the degree of assistance provided in the administration of justice.

(3)A lesser penalty imposed under this section must not be unreasonably disproportionate to the nature and circumstances of the offence.

(4)For this section, assistance in the administration of justice—

(a)includes a pre-trial disclosure by the defence; but

(b)does not include assistance—

(i)consisting only of a plea of guilty under section 35; or

(ii)given to law enforcement authorities under section 36.

(5)In this section:

defence means—

(a)the offender; or

(b)any lawyer representing the offender.

1. Reduction of sentence—statement by court about penalty
   Section 37 (1)

   after

   section 35 (Reduction of sentence—guilty plea)

   insert

   , section 35A (Reduction of sentence—assistance in administration  of justice)

2. Section 37 (2) (b)

   before

   section 36

   insert

   section 35A or

Endnotes

1. Presentation speech

   Presentation speech made in the Legislative Assembly on 6 June 2013.

2. Notification

   Notified under the Legislation Act on 24 September 2013.

3. Republications of amended laws

   For the latest republication of amended laws, see certify that the above is a true copy of the Crimes (Sentencing) Amendment Bill 2013, which was passed by the Legislative Assembly on 17 September 2013.

   Clerk of the Legislative Assembly

   © Australian Capital Territory 2013