Criminal Code Amendment Act (No. 2) 1996 (WA)
WESTERN AUSTRALIA
CRIMINAL CODE AMENDMENT
ACT (No. 2) 1996
No. 60 of 1996
AN ACT to amend The Criminal Code.
[Assented to 11 November 1996.]
The Parliament of Western Australia enacts as follows:
Short title
1. This Act may be cited as the Criminal Code Amendment
Act (No. 2) 1996.
| No. 60] | Criminal Code Amendment Act |
| s. 2 | (No. 2) 1996 |
Commencement
2. This Act comes into operation on such day as is fixed by
proclamation.
The Code
3. In this Act ‘‘the Code’’ means The Criminal Code*.
| [* | Reprinted as at 17 December 1993 as the Schedule to the Criminal Code Act 1913 appearing in Appendix B to the Criminal Code Compilation Act 1913. For subsequent amendments see 1995 Index to Legislation of Western Australia, Table 1, pp. 53-5 and Act No. 14 of 1996.] |
Section 400 amended
4. (1) Section 400 (1) of the Code is repealed and the
following subsection is substituted —
‘‘
| (1) | In this chapter — |
‘ ‘circumstances of aggravation’’ means circumstances in which —
| (a) | immediatelybeforeorimmediatelyafter the commission of the offence the offender — | |||
|
| Criminal Code Amendment Act | [No. 60 |
| (No. 2) 1996 | s. 4 |
(iii) isincompanywithanotherpersonor other persons;
(iv) does bodily harm to any person;
(v) threatens to kill or injure any person; or
(vi) detainsanyperson(withinthe meaning of section 332 (1));
| or |
| (b) | immediatelybeforethecommissionofthe offence the offender knew or ought to have known that there was another person (other than a co-offender) in the place; |
‘‘place’’ means a building, structure, tent, or conveyance, or a part of a building, structure, tent, or conveyance, and includes —
| (a) | a conveyance that at the time of an offence is immovable; or |
| (b) | aplacethatisfromtimetotime uninhabited or empty of property. |
’’.
(2) After section 400 (2) of the Code the following
subsections are inserted —
‘‘
(3) For the purposes of this chapter a person is a repeat offender if it is proved to the satisfaction of the court that the offender —
| (a) | committedandwasconvictedofarelevant offence committed in respect of a place ordinarily used for human habitation; and |
| No. 60] | Criminal Code Amendment Act |
| s. 5 | (No. 2) 1996 |
| (b) | subsequenttothatconvictionagaincommitted and was convicted of a relevant offence committed in respect of such a place, |
and it does not matter that the sequence described in
paragraphs (a) and (b) has occurred more than once.
| (4) | For the purposes of subsection (3) — |
| (a) | arelevantoffenceisanoffenceagainstthis chapter (as enacted at any time) other than an offence against section 407; |
| (b) | a conviction includes a finding or admission of guilt that led to a punishment being imposed on the offender, or an order being made in respect of the offender, whether or not a conviction was recorded; and |
| (c) | a conviction that has been set aside or quashed is to be disregarded. |
’’.
To avoid doubt it is declared that section 400 (3) of The Criminal Code as enacted by this Act applies in respect of offences committed at any time and to convictions recorded at any time.
(3)
Section 401 repealed and a section substituted
5. Section 401 of the Code is repealed and the following section
is substituted —
‘‘
Burglary
401. (1) A person who enters or is in the place of another person, without that other person’s consent, with intent to commit an offence in that place is guilty of a crime and is liable —
| (a) | if the offence is committed in circumstances of aggravation, to imprisonment for 20 years; |
| Criminal Code Amendment Act | [No. 60 |
| (No. 2) 1996 | s. 5 |
| (b) | iftheplaceisordinarilyusedforhuman habitation but the offence is not committed in circumstances of aggravation, to imprisonment for 18 years; or |
| (c) | in any other case, to imprisonment for 14 years. |
Summary conviction penalty for an offence to which
paragraph (b) or (c) applies:
| (a) | inacasetowhichparagraph(b)applies: imprisonment for 3 years or a fine of $12 000; or |
| (b) | inacasetowhichparagraph(c)applies: imprisonment for 2 years or a fine of $8 000. |
A person who commits an offence in the place of
another person, when in that place without that other
person’s consent, is guilty of a crime and is liable —
(2)
| (a) | if the offence is committed in circumstances of aggravation, to imprisonment for 20 years; |
| (b) | iftheplaceisordinarilyusedforhuman habitation but the offence is not committed in circumstances of aggravation, to imprisonment for 18 years; or |
| (c) | in any other case, to imprisonment for 14 years. |
Summary conviction penalty for an offence to which
paragraph (b) or (c) applies (subject to subsection (3)):
| (a) | inacasetowhichparagraph(b)applies: imprisonment for 3 years or a fine of $12 000; or |
| (b) | inacasetowhichparagraph(c)applies: imprisonment for 2 years or a fine of $8 000. |
| No. 60] | Criminal Code Amendment Act |
| s. 6 | (No. 2) 1996 |
If the offence committed in the place is an offence
against property and the value of the property is more than
$10 000 the offence is not to be dealt with summarily.
(3)
(4) If a person convicted of an offence against subsection (1) or (2) committed in respect of a place ordinarily used for human habitation was a repeat offender at the time of committing that offence, the court sentencing the person shall sentence the offender —
| (a) | toatleast12monthsimprisonment notwithstanding any other written law; or |
| (b) | if the offender is a young person (as defined in the Young Offenders Act 1994) either to at least 12 months imprisonment or to a term of at least 12 months detention (as defined in that Act), as the court thinks fit, notwithstanding section 46 (5a) of that Act. |
A court shall not suspend a term of imprisonment imposed under subsection (4).
(5)
(6) Subsection (4) (b) does not prevent a court from making a direction under section 118 (4) of the Young Offenders Act 1994 or a special order under Division 9 of Part 7 of that Act.
’’.
Review
6. (1) The Minister administering this Act is to carry out a review of the operation and effectiveness of Section 401 of the Code as soon as practicable after the expiration of 4 years from its commencement.
| Criminal Code Amendment Act | [No. 60 |
| (No. 2) 1996 | s. 6 |
The Minister is to prepare a report based on the review made under subsection (1) and cause the report to be laid before each House of Parliament within 5 years after the commencement of Section 401 of the Code.
(2)
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By Authority: JOHN A. STRIJK, Acting Government Printer
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