Criminal Code Amendment (Sexual Assault) Act 2017 (Repealed) (TAS)

The repealed Criminal Code Amendment (Sexual Assault) Act 2017 was the subject of a legal dispute in the Tasmanian Supreme Court. The case involved the application of the repealed Act in relation to an offence committed before the Act was repealed, but after the offence was reported and an investigation had commenced. The central issue was whether the repealed Act could be applied to an offence that occurred prior to its repeal but was prosecuted after the repeal.

The court was required to determine whether the repealed Act could be applied to the offence in question. This involved interpreting the relevant provisions of the Criminal Code Amendment (Sexual Assault) Act 2017 and considering the principles of legal certainty and fairness in the application of criminal law. The court also had to consider the implications of the repealed Act on the prosecution of the offence and the rights of the accused.

The court concluded that the repealed Act could not be applied to the offence, as it would result in an unjust outcome by imposing a harsher penalty on the accused than was applicable at the time the offence was committed. The court held that the application of the repealed Act to the offence would contravene the principle of legality, which requires that criminal offences and their penalties be clearly defined at the time the offence is committed. The court also found that applying the repealed Act would undermine the legal certainty and fairness that underpin the criminal justice system. Consequently, the court ruled that the offence must be prosecuted under the law that was in force at the time the offence was committed.