Criminal Law Consolidation Act 1935 (SA)

South Australia

Criminal Law Consolidation Act 1935

An Act to consolidate certain Acts relating to the criminal law; and for other purposes.

The Parliament of South Australia enacts as follows:

Part 1Preliminary1Short title

This Act may be cited as the Criminal Law Consolidation Act 1935.

5Interpretation

(1)
In this Act, unless the contrary intention appears—
aggravated offence—where a provision differentiates between the penalty for an aggravated offence and the penalty for a basic offence, the reference to an aggravated offence is a reference to the offence in its aggravated form (see section 5AA);
approved carer, of a child, means an approved carer (within the meaning of the Children and Young People (Safety) Act 2017) in whose care the child has been placed under that Act;
basic offence—where a provision differentiates between the penalty for an aggravated offence and the penalty for a basic offence, the reference to a basic offence is a reference to the offence in its non-aggravated form (see section 5AA);
bestiality means sexual activity between a person and an animal;
common prostitute includes any male person who prostitutes his body for fee or reward;
court means, except where a contrary intention is indicated or appears from the context, the Supreme Court, the District Court or a court of summary jurisdiction;
criminal organisation has the same meaning as in Part 3B Division 1;
domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;
drive includes ride;
driver's licence includes a learner's permit;
dwelling house does not include a building, although within the curtilage of a dwelling house and occupied with the dwelling house, unless there is a communication between the building and dwelling house, either immediate or by means of a covered and enclosed passage leading from the one to the other;
firearm has the same meaning as in the Firearms Act 2015;
foster parent, of a child, includes—
(a)
an approved carer of the child; and
(b)
a person in whose care the child is placed under section 77 of the Children and Young People (Safety) Act 2017;
liable to be imprisoned for life means liable to be imprisoned for life or any lesser term;
local government body means a council or other body constituted under the Local Government Act 1999;
motor vehicle means a vehicle that is propelled by a motor;
motor vessel means a vessel that is propelled by a motor;
night means the interval between nine o'clock in the evening and six o'clock in the morning of the next day;
offensive weapon means—
(a)
an article or substance made or adapted for use for causing, or threatening to cause, personal injury or incapacity including—
(i)
a firearm or imitation firearm (ie an article intended to be taken for a firearm); or
(ii)
an explosive or an imitation explosive (ie an article or substance intended to be taken for an explosive); or
(b)
an article or substance that a person has—
(i)
for the purpose of causing personal injury or incapacity; or
(ii)
in circumstances in which another is likely to feel reasonable apprehension that the person has it for the purpose of causing personal injury or incapacity;
the Parole Board means the Parole Board of South Australia;
place of divine worship means any church, chapel, meeting house or other place of divine worship;
planning assessment panel means an assessment panel appointed or constituted under Part 6 Division 2 of the Planning, Development and Infrastructure Act 2016;
property means real or personal property whether tangible or intangible and includes a wild animal that is in captivity or ordinarily kept in captivity;
serious and organised crime offence means—
(a)
an offence against Part 3B; or
(b)
an offence that—
(i)
is punishable by life imprisonment; or
(ii)
is an aggravated offence against a provision of this, or any other, Act,
if it is alleged that the offence was committed in the circumstances where—
(iii)
the offender committed the offence for the benefit of a criminal organisation, or 2 or more members of a criminal organisation, or at the direction of, or in association with, a criminal organisation; or
(iv)
in the course of, or in connection with, the offence the offender identified himself or herself in some way as belonging to, or otherwise being associated with, a criminal organisation (whether or not the offender did in fact belong to, or was in fact associated with, the organisation);
sexual intercourse includes any activity (whether of a heterosexual or homosexual nature) consisting of or involving—
(a)
penetration of a person's vagina, labia majora or anus by any part of the body of another person or by any object; or
(b)
fellatio; or
(c)
cunnilingus,
and includes a continuation of such activity;
spouse—a person is the spouse of another if they are legally married;
vehicle includes an animal;
vessel has the same meaning as in the Harbors and Navigation Act 1993.
(2)
A note to a section or subsection of this Act forms part of the text of the Act unless the note clearly has no substantive effect.
(3)
For the purposes of this Act, a reference to a breast, vagina, labia majora, penis or other sexual organ includes a reference to a surgically constructed or altered breast, vagina, labia majora, penis or sexual organ (as the case may be).

5AAAggravated offences

(1)
Subject to this section, an aggravated offence is an offence committed in 1 or more of the following circumstances:
(a)
the offender committed the offence in the course of deliberately and systematically inflicting severe pain on the victim;
(b)
the offender used, or threatened to use, an offensive weapon to commit, or when committing, the offence;
(c)
the offender committed the offence against a police officer, prison officer, employee in a training centre (within the meaning of the Youth Justice Administration Act 2016) or other law enforcement officer—
(i)
knowing the victim to be acting in the course of his or her official duty; or
(ii)
in retribution for something the offender knows or believes to have been done by the victim in the course of his or her official duty;
(ca)
the offender committed the offence against a community corrections officer (within the meaning of the Correctional Services Act 1982) or community youth justice officer (within the meaning of the Youth Justice Administration Act 2016) knowing the victim to be acting in the course of their official duties;
(d)
the offender committed the offence—
(i)
intending to prevent or dissuade the victim from taking legal proceedings or from pursuing a particular course in legal proceedings; or
(ii)
in connection with the victim's conduct or future conduct (as party, witness or in any other capacity) in legal proceedings; or
(iii)
in retribution against the victim for taking legal proceedings or for the victim's conduct (as party, witness or in any other capacity) in legal proceedings;
(e)
the offender committed the offence—
(i)
in the case of an offence against section 63B(3)—believing that the victim of the offence was, at the time of the offence, under the age of 14 years; or
(ii)
in the case of an offence against Part 3 Division 8A or section 63B(1)—knowing that the victim of the offence was, at the time of the offence, under the age of 14 years; or
(iii)
in any other case—knowing that the victim of the offence was, at the time of the offence, under the age of 12 years;
(f)
the offender committed the offence knowing that the victim of the offence was, at the time of the offence, over the age of 60 years;
(g)
the offender committed the offence knowing that the victim of the offence was a person with whom the offender was, or was formerly, in a relationship;
(ga)
—
(i)
the offender committed the offence for the benefit of a criminal organisation, or 2 or more members of a criminal organisation, or at the direction of, or in association with, a criminal organisation; or
(ii)
in the course of, or in connection with, the offence the offender identified himself or herself in some way as belonging to, or otherwise being associated with, a criminal organisation (whether or not the offender did in fact belong to, or was in fact associated with, the organisation);
(h)
except in the case of an offence against Part 3A, the offender committed the offence in company with 1 or more other persons (including persons who are children);
(ha)
in the case of an offence against Division 2 or 3 of Part 5, or Part 6A—the offender committed the offence in a place in relation to which, at the time of the offence—
(i)
there was in force a declaration under Part 4 of the Emergency Management Act 2004; or
(ii)
—
(A)
residents and others in the place, or in the vicinity of the place, had been advised (by radio broadcast) by the CFS that, as a result of a severe, extreme or catastrophic fire danger rating in respect of the place, they should activate their bushfire survival plan; and
(B)
that advice had not been withdrawn or ceased to apply; or
(iii)
residents and others had not been able to return to the place after leaving in response to a declaration referred to in subparagraph (i) or the provision of advice referred to in subparagraph (ii),
and the offender knew, ought reasonably to have known, or was reckless with respect to, that fact;
(i)
the offender abused a position of authority, or a position of trust, in committing the offence;
(ia)
in the case of an offence constituted under Part 7B where the principal offence is an aggravated offence—the principal offender was, to the knowledge of the offender under that Part, a child;
(j)
the offender committed the offence knowing that the victim was, at the time of the offence, in a position of particular vulnerability because of physical disability or cognitive impairment;
(k)
in the case of an offence against the person—
(i)
the victim was, to the knowledge of the offender, in a position of particular vulnerability at the time of the offence because of the nature of his or her occupation or employment;
(ka)
in the case of an offence against the person—the victim was, at the time of the offence, engaged in a prescribed occupation or employment (whether on a paid or volunteer basis) and the offender committed the offence knowing the victim to be acting in the course of the victim's official duties;
(l)
the offender was, at the time of the offence, acting in contravention of an injunction or other order of a court (made in the exercise of either state or federal jurisdiction) and the offence lay within the range of conduct that the injunction or order was designed to prevent.
(1a)
For the purposes of section 19A, an aggravated offence is an offence committed in 1 or more of the following circumstances:
(a)
the offender committed the offence in the course of attempting to escape pursuit by a police officer;
(ab)
the offender was, at the time of the offence, driving a motor vehicle in a street race;
(b)
the offender was, at the time of the offence, driving a vehicle knowing that he or she was disqualified, under the law of this State or another State or Territory of the Commonwealth, from holding or obtaining a driver's licence or that his or her licence was suspended by notice given under the Road Traffic Act 1961;
(c)
the offender committed the offence as part of a prolonged, persistent and deliberate course of very bad driving or vessel operation;
(d)
the offender committed the offence while there was present in his or her blood a concentration of .08 grams or more of alcohol in 100 millilitres of blood;
(e)
the offender was, at the time of the offence, driving a vehicle in contravention of section 45A, 47 or 47BA of the Road Traffic Act 1961 or operating a vessel in contravention of section 70(1) of the Harbors and Navigation Act 1993.
(1ab)
For the purposes of section 19ABA(1) or (2), an aggravated offence is an offence committed in 1 or more of the following circumstances:
(a)
the offender was, at the time of the offence, driving a motor vehicle knowing that they were disqualified, under the law of this State or another State or Territory of the Commonwealth, from holding or obtaining a driver's licence or that their licence was suspended by notice given under the Road Traffic Act 1961;
(b)
the offender committed the offence while there was present in the offender's blood a concentration of .08 grams or more of alcohol in 100 millilitres of blood;
(c)
the offender was, at the time of the offence, driving a motor vehicle in contravention of section 44C, 47 or 47BA of the Road Traffic Act 1961;
(d)
the offender was, at the time of the offence, driving or using a motor vehicle knowing that it had a material defect and that material defect contributed to the commission of the offence.
(1b)
For the purposes of section 19AC, an aggravated offence is an offence committed in 1 or more of the following circumstances:
(a)
the offender was, at the time of the offence, driving or using a motor vehicle that—
(i)
was stolen; or
(ii)
was being driven or used without the consent of the owner of the vehicle,
and the offender knew, or was reckless with respect to, that fact;
(b)
the offender was, at the time of the offence, driving a motor vehicle knowing that he or she was disqualified, under the law of this State or another State or Territory of the Commonwealth, from holding or obtaining a driver's licence or that his or her licence was suspended by notice given under the Road Traffic Act 1961;
(c)
the offender committed the offence while there was present in his or her blood a concentration of .08 grams or more of alcohol in 100 millilitres of blood;
(d)
the offender was, at the time of the offence, driving a motor vehicle in contravention of section 47 or 47BA of the Road Traffic Act 1961.
(1c)
For the purposes of section 19AD, an aggravated offence is an offence committed by the driver of a motor vehicle in 1 or more of the following circumstances:
(a)
the offender knew that, at the time of the offence, he or she was driving the motor vehicle in circumstances of heightened risk;
(b)
the offender committed the offence knowing that there were 1 or more passengers in or on the motor vehicle;
(c)
the offender knew, or ought reasonably to have known, that, at the time of the offence, he or she was driving a motor vehicle that had a major defect.
(1d)
For the purposes of section 19ADA, an aggravated offence is—
(a)
an offence that caused harm to a person; or
(b)
an offence committed by the driver of a motor vehicle in 1 or more of the following circumstances:
(i)
the offender was, at the time of the offence, driving or using a motor vehicle that—
(A)
was stolen; or
(B)
was being driven or used without the consent of the owner of the vehicle,
and the offender knew, or was reckless with respect to, that fact;
(ii)
the offender committed the offence in the course of attempting to escape pursuit by a police officer;
(iii)
the offender committed the offence knowing that there were 1 or more passengers in or on the motor vehicle;
(iv)
the offender committed the offence while the offender was the holder of—
(A)
a provisional licence; or
(B)
a probationary licence; or
(C)
a learner's permit; or
(D)
an interstate provisional licence; or
(E)
an interstate learner's permit,
(as defined in the Motor Vehicles Act 1959) authorising the holder to drive a motor vehicle of the class driven by the offender at the time of the offence;
(v)
the offender was not, at the time of the offence, the holder of—
(A)
a driver's licence; or
(B)
a learner's permit; or
(C)
an interstate licence; or
(D)
an interstate learner's permit; or
(E)
a foreign licence,
(as defined in the Motor Vehicles Act 1959) authorising the holder to drive a motor vehicle of the class driven by the offender at the time of the offence;
(vi)
the offender was, at the time of the offence, driving a motor vehicle knowing that they were disqualified, under the law of this State or another State or Territory of the Commonwealth, from holding or obtaining a driver's licence or that their licence was suspended by notice given under the Road Traffic Act 1961;
(vii)
the offender committed the offence while there was present in the offender's blood a concentration of .08 grams or more of alcohol in 100 millilitres of blood;
(viii)
the offender was, at the time of the offence, driving a motor vehicle in contravention of section 47 or 47BA of the Road Traffic Act 1961.
(2)
A person is taken to know a particular fact if the person, knowing of the possibility that it is true, is reckless as to whether it is true or not.
(2a)
For the purposes of subsection (1)(ga)(ii), a person will be taken to have identified himself or herself as belonging to, or as being associated with, a criminal organisation if the person displayed (whether on an article of clothing, as a tattoo or otherwise) the insignia of the criminal organisation unless the person proves that he or she did not display the insignia knowingly or recklessly.
(2b)
Subsection (2a) does not limit the ways in which a person may identify himself or herself as belonging to, or being associated with, a criminal organisation.
(3)
If a person is charged with an aggravated offence, the circumstances alleged to aggravate the offence must be stated in the instrument of charge.
(4)
If a jury finds a person guilty of an aggravated offence, and 2 or more aggravating factors are alleged in the instrument of charge, the jury must state which of the aggravating factors it finds to have been established (but a failure to comply with this subsection does not affect the validity of the jury's verdict).
(4a)
Two people will be taken to be in a relationship for the purposes of subsection (1)(g) if—
(a)
they are married to each other; or
(b)
they are domestic partners; or
(c)
they are in some other form of intimate personal relationship in which their lives are interrelated and the actions of 1 affects the other; or
(d)
1 is the child, stepchild or grandchild, or is under the guardianship, of the other (regardless of age); or
(e)
1 is a child, stepchild or grandchild, or is under the guardianship, of a person who is or was formerly in a relationship with the other under paragraph (a), (b) or (c) (regardless of age); or
(f)
1 is a child and the other is a person who acts in loco parentis in relation to the child; or
(g)
1 is a child who normally or regularly resides or stays with the other; or
(h)
they are brothers or sisters or brother and sister; or
(i)
they are otherwise related to each other by or through blood, marriage, a domestic partnership or adoption; or
(j)
they are related according to Aboriginal or Torres Strait Islander kinship rules or are both members of some other culturally recognised family group; or
(k)
1 is the carer (within the meaning of the Carers Recognition Act 2005) of the other.
(5)
In this section—
CFS means the South Australian Country Fire Service;
child means a person under 18 years of age;
circumstances of heightened risk, in relation to the driving of a motor vehicle, means—
(a)
driving the motor vehicle between sunset on one day and sunrise on the next day; or
(b)
driving the motor vehicle in circumstances where traction between the vehicle and the surface being driven on is adversely affected; or
(c)
driving the motor vehicle in circumstances where visibility is adversely affected;
cognitive impairment includes—
(a)
a developmental disability (including, for example, an intellectual disability, Down syndrome, cerebral palsy or an autistic spectrum disorder);
(b)
an acquired disability as a result of illness or injury (including, for example, dementia, a traumatic brain injury or a neurological disorder);
(c)
a mental illness;
harm has the same meaning as in section 21;
major defect—a motor vehicle has a major defect if use of the motor vehicle constitutes a serious risk to the safety of any person;
material defect—a motor vehicle has a material defect if it has a defect that could affect the safe operation of the vehicle;
street race has the meaning given in section 19AD.
(6)
This section does not prevent a court from taking into account, in the usual way, the circumstances of and surrounding the commission of an offence for the purpose of determining sentence.

Examples—
1A person is charged with a basic offence and the court finds that the offence was committed in circumstances that would have justified a charge of the offence in its aggravated form. In this case, the court may, in sentencing, take into account the circumstances of aggravation for the purpose of determining penalty but must (of course) fix a penalty within the limits appropriate to the basic offence.
2A person is charged with an aggravated offence and the court finds a number (but not all) of the circumstances alleged in the instrument of charge to aggravate the offence have been established. In this case, the court may, in sentencing, take into account the established circumstances of and surrounding the aggravated offence (whether alleged in the instrument of charge or not) but must not (of course) take account of circumstances alleged in the instrument of charge that were not established.

5AAbolition of capital punishment

(1)
Notwithstanding any provision of any Act or law, no sentence of death shall be—
(a)
imposed on, or recorded against, any person; or
(b)
carried into execution on any person.
(2)
Where any person is liable to sentence of death under any Act or law, the court before which that person is convicted shall, instead of sentencing him to death, sentence him to be imprisoned for life.
(3)
Any sentence of death that was imposed or recorded before the commencement of the Statutes Amendment (Capital Punishment Abolition) Act 1976 shall (whether or not that sentence has been commuted to a sentence of imprisonment for life) be deemed to be a sentence of imprisonment for life imposed by a court of competent jurisdiction.
(4)
Any direction or order made by the Governor on, or in relation to, the commutation of a sentence of death to a sentence of imprisonment for life shall be deemed to be a direction or order given or made by a court of competent jurisdiction.

5BProof of lawful authority or lawful or reasonable excuse

In proceedings for an offence against this Act in which it is material to establish whether an act was done with or without lawful authority, lawful excuse or reasonable excuse the onus of proving the authority or excuse lies on the defendant and in the absence of such proof it will be presumed that no such authority or excuse exists.

5DAbolition of historical classifications

(1)
The classification of offences as felonies is abolished.
(2)
The classification of offences as misdemeanours is abolished.

Part 1ATerritorial application of the criminal law5EInterpretation

(1)
In this Part—
necessary territorial nexus—see section 5G(2);
State includes the Northern Territory and the Australian Capital Territory;
relevant act in relation to an offence means—
(a)
an act or omission that is, or causes or contributes to, an element of the offence; or
(b)
an act or omission that is, or causes or contributes to, something that would, assuming the necessary territorial nexus existed, be an element of the offence; or
(c)
a state of affairs that is an element of the offence, or would, assuming the necessary territorial nexus existed, be an element of the offence.
(2)
The question whether the necessary territorial nexus exists in relation to an alleged offence is a question of fact to be determined, where a court sits with a jury, by the jury.

5FApplication

(1)
The law of this State operates extra-territorially to the extent contemplated by this Part.
(2)
However—
(a)
this Part does not operate to extend the operation of a law that is expressly or by necessary implication limited in its application to this State or a particular part of this State; and
(b)
this Part operates subject to any other specific provision as to the territorial application of the law of the State; and
(c)
this Part is in addition to, and does not derogate from, any other law providing for the extra-territorial operation of the criminal law.1
Note—
1For example, the Crimes at Sea Act 1998.

5GTerritorial requirements for commission of offence against a law of this State

(1)
An offence against a law of this State is committed if—
1. (a)
  all elements necessary to constitute the offence (disregarding territorial considerations) exist; and
2. (b)
  the necessary territorial nexus exists.
(2)
The necessary territorial nexus exists if—
1. (a)
  a relevant act occurred wholly or partly in this State; or
2. (b)
  it is not possible to establish whether any of the relevant acts giving rise to the alleged offence occurred within or outside this State but the alleged offence caused harm or a threat of harm in this State; or
3. (c)
  although no relevant act occurred in this State—
  (i)
  the alleged offence caused harm or a threat of harm in this State and the relevant acts that gave rise to the alleged offence also gave rise to an offence against the law of a jurisdiction in which the relevant acts, or at least one of them, occurred; or
  (ii)
  the alleged offence caused harm or a threat of harm in this State and the harm, or the threat, is sufficiently serious to justify the imposition of a criminal penalty under the law of this State; or
  (iii)
  the relevant acts that gave rise to the alleged offence also gave rise to an offence against the law of a jurisdiction in which the relevant acts, or at least one of them, occurred and the alleged offender was in this State when the relevant acts, or at least one of them, occurred; or
4. (d)
  the alleged offence is a conspiracy to commit, an attempt to commit, or in some other way preparatory to the commission of another offence for which the necessary territorial nexus would exist under one or more of the above paragraphs if it (the other offence) were committed as contemplated.

5HProcedural provisions

(1)
In proceedings for an offence against a law of the State, the existence of the necessary territorial nexus will be presumed and the presumption is conclusive unless rebutted under subsection (2).
(2)
If a person charged with an offence disputes the existence of the necessary territorial nexus, the court will proceed with the trial of the offence in the usual way and if at the conclusion of the trial, the court is satisfied, on the balance of probabilities, that the necessary territorial nexus does not exist, it must, subject to subsection (3), make a finding to that effect and the charge will be dismissed.
(3)
If the court would, disregarding territorial considerations, find the person not guilty of the offence, the court must—
(a)
if the finding is based on the defendant's mental impairment—record a finding of not guilty on the ground of mental impairment; and
(b)
in any other case—record a finding of not guilty.
(4)
The issue of whether the necessary territorial nexus exists must, if raised before the trial, be reserved for consideration at the trial.
(5)
A power or authority exercisable on reasonable suspicion that an offence has been committed may be exercised in the State if the person in whom the power or authority is vested suspects on reasonable grounds that the elements necessary to constitute the offence exist (whether or not that person suspects or has any ground to suspect that the necessary territorial nexus exists).

5IDouble criminality

(1)
If—
(a)
an offence against the law of another State (the external offence) is committed wholly or partly in this State; and
(b)
a corresponding offence (the local offence) exists under the law of this State,
an offence (an auxiliary offence) arises under the law of this State.
(2)
The maximum penalty for an auxiliary offence is the maximum penalty for the external offence or the maximum penalty for the local offence (whichever is the lesser).
(3)
If a person is charged with an offence (but not specifically an auxiliary offence) and the court finds that the defendant has not committed the offence as charged but has committed the relevant auxiliary offence, the court may make or return a finding that the defendant is guilty of the auxiliary offence.

Part 2Treason6Repeal

The Acts 36 George III C. 7 and 57 George III C. 6 of the Imperial Parliament, except those provisions which relate to the compassing, imagining, inventing, devising or intending of the death or destruction, or any bodily harm tending to the death or destruction, maiming or wounding, imprisonment or restraint, of the person of Her Majesty, and the expressing, uttering or declaring of such compassings, imaginations, inventions, devices or intentions, are repealed.

7Treason

Any person who compasses, imagines, invents, devises or intends—
(a)
to deprive or depose Her Majesty from the style, honour or Royal name of the Imperial Crown of the United Kingdom or of any other of Her Majesty's dominions and countries; or
(b)
to levy war against Her Majesty within any part of the United Kingdom or any other of Her Majesty's dominions in order—
(i)
by force or constraint, to compel Her to change Her measures or counsels; or
(ii)
to put any force or constraint on, or to intimidate or overawe, both Houses or either House of the Parliament of the United Kingdom or the Parliament of this State; or
(c)
to move or stir any foreigner or stranger with force to invade the United Kingdom or any other of Her Majesty's dominions or countries under the obeisance of Her Majesty,
and expresses, utters or declares such compassings, imaginations, inventions, devices or intentions by publishing any printing or writing, or by open and advised speaking, or by any overt act or deed, shall be guilty of an offence and liable to be imprisoned for life or for a term of not less than six months.

8Time within which prosecution shall be commenced and warrant issued

(1)
No person shall be prosecuted under section 7 in respect of any compassings, imaginations, inventions, devices or intentions which are expressed, uttered or declared by open and advised speaking only, unless—
1. (a)
  information of the compassings, imaginations, inventions, devices or intentions and of the words by which they were expressed, uttered or declared is given on oath to a justice within six days after the words were spoken; and
2. (b)
  a warrant for the apprehension of the person by whom the words were spoken is issued within ten days after that information was given.
(2)
No person shall be convicted of any such compassings, imaginations, inventions, devices or intentions which are expressed, uttered or declared by open or advised speaking except on his own confession in open court or unless the words so spoken are proved by two credible witnesses.

9In informations more than one overt act may be charged

(1)
It shall be lawful in any information under section 7 to charge against the offender any number of the matters, acts or deeds by which the compassings, imaginations, inventions, devices or intentions were expressed, uttered or declared.
(2)
If the facts or matters alleged in an information under section 7 amount in law to treason, the information shall not for that reason be deemed void, erroneous or defective and, if the facts or matters proved on the trial of any person so informed against amount in law to treason, the accused person shall not for that reason be entitled to be acquitted of the offence charged, but no person tried for that offence shall be afterwards prosecuted for treason on the same facts.

10Nothing herein to affect 25 Edward III Stat. 5, c. 2

The provisions of this Part shall not lessen the force of, or in any manner affect, anything enacted by the Statute passed in the twenty-fifth year of King Edward the Third: "A Declaration which Offences shall be adjudged Treason".

10APenalty for treason

Any person who is convicted of treason shall be imprisoned for life.

Part 3Offences against the person etcDivision 1Homicide11Murder

Any person who commits murder shall be guilty of an offence and shall be imprisoned for life.

12Conspiring or soliciting to commit murder

Any person who—
(a)
conspires, confederates and agrees with any other person to murder any person, whether he is a subject of Her Majesty or not and whether he is within the Queen's dominions or not;
(b)
solicits, encourages, persuades or endeavours to persuade, or proposes to, any person to murder any other person, whether he is a subject of Her Majesty or not and whether he is within the Queen's dominions or not,
shall be guilty of an offence and liable to be imprisoned for life.

12ACausing death by an intentional act of violence

A person who commits an intentional act of violence while acting in the course or furtherance of a major indictable offence punishable by imprisonment for ten years or more, and thus causes the death of another, is guilty of murder.

13Manslaughter

(1)
Any person who is convicted of manslaughter shall be liable to be imprisoned for life or to pay such fine as the court awards or to both such imprisonment and fine.
(2)
If a court convicting a person of manslaughter is satisfied that the victim's death was caused by the convicted person's use of a motor vehicle, the court must order that the person be disqualified from holding or obtaining a driver's licence for 10 years or such longer period as the court orders.
(3)
Where a convicted person is disqualified from holding or obtaining a driver's licence—
(a)
the disqualification operates to cancel any driver's licence held by the convicted person as at the commencement of the period of disqualification; and
(b)
the disqualification may not be reduced or mitigated in any way or be substituted by any other penalty or sentence.

13ACriminal liability in relation to suicide

(1)
It is not an offence to commit or attempt to commit suicide.
(2)
Notwithstanding the provisions of subsection (1), a person who finds another committing or about to commit an act which he believes on reasonable grounds would, if committed or completed, result in suicide is justified in using reasonable force to prevent the commission or completion of the act.
(3)
If on the trial of a person for the murder of another the jury is satisfied that the accused killed the other, or was a party to the other being killed by a third person, but is further satisfied that the acts or omissions alleged against the accused were done or made in pursuance of a suicide pact with the person killed, then, subject to subsection (11), the jury shall not find the accused guilty of murder but may bring in a verdict of manslaughter.
(4)
The killing of another or an attempt to kill another in pursuance of a suicide pact shall, for the purposes of determining the criminal liability of a person who was a party to the killing or attempt but not a party to the suicide pact, be regarded as murder or attempted murder, as the case may require.
(5)
A person who aids, abets or counsels the suicide of another, or an attempt by another to commit suicide, shall be guilty of an indictable offence.
(6)
The penalty for an offence against subsection (5) shall be—
(a)
subject to paragraph (b)—
(i)
where suicide was committed—imprisonment for a term not exceeding fourteen years;
(ii)
where suicide was attempted—imprisonment for a term not exceeding eight years;
(b)
where the convicted person committed the offence in pursuance of a suicide pact and—
(i)
suicide was committed—imprisonment for a term not exceeding five years;
(ii)
suicide was attempted—imprisonment for a term not exceeding two years.
(7)
A person who, by fraud, duress or undue influence, procures the suicide of another or an attempt by another to commit suicide shall (whether or not he was a party to a suicide pact with the other person) be guilty of murder or attempted murder, as the case may require.
(8)
If on the trial of a person for murder or attempted murder the jury is not satisfied that the accused is guilty of the offence charged but is satisfied that he is guilty of an offence against subsection (5), the jury may bring in a verdict that he is guilty of an offence against that subsection.
(9)
In any criminal proceedings in which it is material to establish the existence of a suicide pact and whether an act was done, or an omission made, in pursuance of the pact, the onus of proving the existence of the pact and that the act was done, or the omission made, in pursuance of the pact shall lie on the accused.
(10)
For the purposes of this section—
(a)
suicide pact means an agreement between two or more persons having for its object the death of all of them whether or not each is to take his own life; and
(b)
nothing done or omitted to be done by a person who enters into a suicide pact shall be treated as done or omitted to be done in pursuance of the pact unless it is done or omitted to be done while he has the settled intention of dying in pursuance of the pact.
(11)
Where a person induced another to enter into a suicide pact by means of fraud, duress or undue influence, the person is not entitled in relation to an offence against the other to any mitigation of criminal liability or penalty under this section based on the existence of the pact.
(12)
To avoid doubt, the death of a person by the administration of a voluntary assisted dying substance in accordance with the Voluntary Assisted Dying Act 2021 does not constitute suicide.
Note—
See section 6 of the Voluntary Assisted Dying Act 2021.

Division 1ACriminal neglect etc13BInterpretation

(1)
In this Division—
act includes—
(a)
an omission; and
(b)
a course of conduct;
child means a person under 16 years of age;
cognitive impairment includes—
(a)
a developmental disability (including, for example, an intellectual disability, Down syndrome, cerebral palsy or an autistic spectrum disorder);
(b)
an acquired disability as a result of illness or injury (including, for example, dementia, a traumatic brain injury or a neurological disorder);
(c)
a mental illness;
vulnerable adult means a person aged 16 years or above who is significantly impaired through physical disability, cognitive impairment, illness or infirmity.
(2)
Subject to subsection (3), in this Division the following terms and phrases have the same meaning as in Division 7A:
(a)
cause;
(b)
harm.
(3)
For the purposes of this Division, a reference to harm will be taken to include detriment caused to the physical, mental or emotional wellbeing or development of a child or vulnerable adult (whether temporary or permanent).
(4)
For the purposes of this Division, a defendant has a duty of care to a victim if the defendant is a parent or guardian of the victim or has assumed responsibility for the victim's care.

14Criminal neglect

(1)
A person (the defendant) is guilty of the offence of criminal neglect if—
(a)
a child or a vulnerable adult (the victim) dies or suffers harm as a result of an act; and
(b)
the defendant had, at the time of the act, a duty of care to the victim; and
(c)
the defendant was, or ought to have been, aware that there was an appreciable risk that harm would be caused to the victim by the act; and
(d)
the defendant failed to take steps that he or she could reasonably be expected to have taken in the circumstances to protect the victim from harm and the defendant's failure to do so was, in the circumstances, so serious that a criminal penalty is warranted.
Maximum penalty:
(a)
where the victim dies—imprisonment for life; or
(b)
in any other case—imprisonment for 15 years.
(2)
If a jury considering a charge of criminal neglect against a defendant finds that—
(a)
there is reasonable doubt as to the identity of the person who committed the act that caused the victim's death or harm; but
(b)
the act can only have been the act of the defendant or some other person who, on the evidence, may have committed the act,
the jury may find the defendant guilty of the charge of criminal neglect even though of the opinion that the act may have been the act of the defendant.
(3)
If a defendant is charged with an offence against this section in respect of a course of conduct—
(a)
it is not necessary to prove that the defendant was, or ought to have been, aware that there was an appreciable risk that harm would be caused to the victim by each act making up the course of conduct; and
(b)
the information need not—
(i)
allege particulars of each act with the degree of particularity that would be required if the act were charged as an offence under a different section of this or any other Act; or

(ii)
identify particular acts or the occasions on which, places at which or order in which acts occurred; or
(iii)
identify particular acts as causing, wholly or partly, particular harm to the victim.
(4)
A defendant may be charged with an offence against this section in respect of a course of conduct even if some of the acts making up the course of conduct occurred before the commencement of this section.

14AFailing to provide food etc in certain circumstances

If—
(a)
a person is liable to provide necessary food, clothing or accommodation to a child or vulnerable adult; and
(b)
the person, without lawful excuse, fails to provide that food, clothing or accommodation,
that person is guilty of an offence.
Maximum penalty: Imprisonment for 3 years.

Division 2Defences14BAbolition of certain common law defences

(1)
The following common law defences are abolished:
(a)
provocation;
(b)
necessity;
(c)
duress;
(d)
marital coercion.
(2)
To avoid doubt, the common law defences abolished by subsection (1) remain available in respect of offences allegedly committed before the commencement of that subsection.

15Self defence

(1)
It is a defence to a charge of an offence if—
(a)
the defendant genuinely believed the conduct to which the charge relates to be necessary and reasonable for a defensive purpose; and
(b)
the conduct was, in the circumstances as the defendant genuinely believed them to be, reasonably proportionate to the threat that the defendant genuinely believed to exist1.
(2)
It is a partial defence to a charge of murder (reducing the offence to manslaughter) if—
(a)
the defendant genuinely believed the conduct to which the charge relates to be necessary and reasonable for a defensive purpose; but
(b)
the conduct was not, in the circumstances as the defendant genuinely believed them to be, reasonably proportionate to the threat that the defendant genuinely believed to exist.2
(3)
For the purposes of this section, a person acts for a defensive purpose if the person acts—
(a)
in self defence or in defence of another; or
(b)
to prevent or terminate the unlawful imprisonment of himself, herself or another.
(4)
However, if a person—
(a)
resists another who is purporting to exercise a power of arrest or some other power of law enforcement; or
(b)
resists another who is acting in response to an unlawful act against person or property committed by the person or to which the person is a party,
the person will not be taken to be acting for a defensive purpose unless the person genuinely believes, on reasonable grounds, that the other person is acting unlawfully.
(5)
If a defendant raises a defence under this section, the defence is taken to have been established unless the prosecution disproves the defence beyond reasonable doubt.
Notes—
1See, however, section 15C. If the defendant establishes that he or she is entitled to the benefit of that section, this paragraph will be inapplicable.
2See, however, section 15C. If the defendant establishes that he or she is entitled to the benefit of that section, the defendant will be entitled to a complete defence.

15ADefence of property etc

(1)
It is a defence to a charge of an offence if—
(a)
the defendant genuinely believed the conduct to which the charge relates to be necessary and reasonable—
(i)
to protect property from unlawful appropriation, destruction, damage or interference; or
(ii)
to prevent criminal trespass to land or premises, or to remove from land or premises a person who is committing a criminal trespass; or
(iii)
to make or assist in the lawful arrest of an offender or alleged offender or a person who is unlawfully at large; and
(b)
if the conduct resulted in death—the defendant did not intend to cause death nor did the defendant act recklessly realising that the conduct could result in death; and
(c)
the conduct was, in the circumstances as the defendant genuinely believed them to be, reasonably proportionate to the threat that the defendant genuinely believed to exist1.
(2)
It is a partial defence to a charge of murder (reducing the offence to manslaughter) if—
(a)
the defendant genuinely believed the conduct to which the charge relates to be necessary and reasonable—
(i)
to protect property from unlawful appropriation, destruction, damage or interference; or
(ii)
to prevent criminal trespass to land or premises, or to remove from land or premises a person who is committing a criminal trespass; or
(iii)
to make or assist in the lawful arrest of an offender or alleged offender or a person who is unlawfully at large; and
(b)
the defendant did not intend to cause death; but
(c)
the conduct was not, in the circumstances as the defendant genuinely believed them to be, reasonably proportionate to the threat that the defendant genuinely believed to exist.2
(3)
For the purposes of this section, a person commits a criminal trespass if the person trespasses on land or premises—
(a)
with the intention of committing an offence against a person or property (or both); or
(b)
in circumstances where the trespass itself constitutes an offence or is an element of the offence.
(4)
If a defendant raises a defence under this section, the defence is taken to have been established unless the prosecution disproves the defence beyond reasonable doubt.
Notes—
1See, however, section 15C. If the defendant establishes that he or she is entitled to the benefit of that section, this paragraph will be inapplicable.
2See, however, section 15C. If the defendant establishes that he or she is entitled to the benefit of that section, the defendant will be entitled to a complete defence.

15BReasonableness etc where offence committed in circumstances of family violence

(1)
A requirement under this Division that the defendant's conduct be (objectively) reasonably proportionate to the threat that the defendant genuinely believed to exist does not imply that the force used by the defendant cannot exceed the force used against him or her.
(2)
In a trial for an offence in which the defendant raises a defence under this Division, the question of whether—
1. (a)
  the defendant genuinely believed that particular conduct was necessary and reasonable (either for a defensive purpose or for the purposes referred to in section 15A(1)(a)); or
2. (b)
  particular conduct was reasonably proportionate to a particular threat; or
3. (c)
  the defendant reasonably believed that a particular threat would be carried out; or
4. (d)
  the defendant reasonably believed that particular conduct was the only reasonable way a particular threat could be avoided; or
5. (e)
  particular conduct was a reasonable response to a particular threat,

is, if the defendant asserts that the offence occurred in circumstances of family violence, to be determined having regard to any evidence of family violence admitted in the course of the trial.

(3)
In this section—

circumstances of family violence has the same meaning as in section 34V of the Evidence Act 1929;
evidence of family violence has the same meaning as in section 34W of the Evidence Act 1929.

15CRequirement of reasonable proportionality not to apply in case of an innocent defence against home invasion

(1)
This section applies where—
1. (a)
  a relevant defence would have been available to the defendant if the defendant's conduct had been (objectively) reasonably proportionate to the threat that the defendant genuinely believed to exist (the perceived threat); and
2. (b)
  the victim was not a police officer acting in the course of his or her duties.
(2)
In a case to which this section applies, the defendant is entitled to the benefit of the relevant defence even though the defendant's conduct was not (objectively) reasonably proportionate to the perceived threat if the defendant establishes, on the balance of probabilities, that—
1. (a)
  the defendant genuinely believed the victim to be committing, or to have just committed, home invasion; and
2. (b)
  the defendant was not (at or before the time of the alleged offence) engaged in any criminal misconduct that might have given rise to the threat or perceived threat; and
3. (c)
  the defendant's mental faculties were not, at the time of the alleged offence, substantially affected by the voluntary and non-therapeutic consumption of a drug.
(3)
In this section—

criminal misconduct means conduct constituting an offence for which a penalty of imprisonment is prescribed;
drug means alcohol or any other substance that is capable (either alone or in combination with other substances) of influencing mental functioning;
home invasion means a serious criminal trespass committed in a place of residence;
non-therapeutic—consumption of a drug is to be considered non-therapeutic unless—
(a)
the drug is prescribed by, and consumed in accordance with the directions of, a medical practitioner; or
(b)
the drug is of a kind available, without prescription, from registered pharmacists, and is consumed for a purpose recommended by the manufacturer and in accordance with the manufacturer's instructions;
relevant defence means a defence under section 15(1) or section 15A(1).

15DDuress

(1)
It is a defence to a charge of an offence (other than a prescribed offence) if—
(a)
at the time of carrying out the conduct constituting the offence, the defendant reasonably believed that—
(i)
a threat had been made that would be carried out unless the person engaged in the conduct; and
(ii)
carrying out the conduct was the only reasonable way that the threat could be avoided; and
(b)
the conduct was a reasonable response to the threat.
(2)
However, this section does not apply if the threat referred to in subsection (1)(a) was made by or on behalf of a person with whom the defendant was voluntarily associating for the purpose of carrying out conduct of the kind actually carried out.
(3)
If a defendant raises a defence under this section, the defence is taken to have been established unless the prosecution disproves the defence beyond reasonable doubt.
(4)
In this section—
prescribed offence means—
(a)
murder; or
(b)
attempted murder; or
(c)
conspiring or soliciting to commit murder; or
(d)
aiding, abetting, counselling or procuring the commission of murder; or
(e)
any other offence prescribed by the regulations for the purposes of this definition.

15ESudden or extraordinary emergency

(1)
It is a defence to a charge of an offence (other than a prescribed offence) if—
(a)
the defendant carried out the conduct constituting the offence in response to circumstances of sudden or extraordinary emergency; and
(b)
at the time of carrying out the conduct, the defendant reasonably believed that—
(i)
circumstances of sudden or extraordinary emergency existed; and
(ii)
carrying out the conduct constituting the offence charged was the only reasonable way to deal with the emergency; and
(c)
the conduct was a reasonable response to the emergency.
(2)
To avoid doubt, an emergency need not involve a risk of death or serious harm.
(3)
If a defendant raises a defence under this section, the defence is taken to have been established unless the prosecution disproves the defence beyond reasonable doubt.
(4)
In this section—
prescribed offence means—
(a)
murder; or
(b)
attempted murder; or
(c)
conspiring or soliciting to commit murder; or
(d)
aiding, abetting, counselling or procuring the commission of murder; or
(e)
any other offence prescribed by the regulations for the purposes of this definition.

15FReview of Division

(1)
The Minister must cause a review of the operation of this Division (as amended by the Statutes Amendment (Abolition of Defence of Provocation and Related Matters) Act 2020) to be conducted and a report on the review to be prepared and submitted to the Minister.
(2)
The review and report must include—
(a)
consideration of the effect (if any) of the abolition of the common law defences specified in section 14B; and
(b)
consideration of the effect (if any) that section 15B(2) has had generally on the operation of sections 15 and 15A; and
(c)
consideration of the operation of the defences set out in sections 15D and 15E; and
(d)
a recommendation as to whether further modification to the Act is necessary or desirable for the purpose of recognising and addressing the role family violence plays in relation to certain offending,
and may include any other matter the Minister thinks fit.
(3)
The review and the report must be completed after the fifth, but before the sixth, anniversary of the commencement of this section.
(4)
A report under this section may be combined with a report under section 34Z of the Evidence Act 1929.
(5)
The Minister must cause a copy of the report submitted under subsection (1) to be laid before both Houses of Parliament within 6 sitting days after receiving the report.

Division 3Miscellaneous16Petit treason

Every offence which, before the commencement of the Act 9 George IV C. 31 of the Imperial Parliament, would have amounted to petit treason shall be deemed to be murder only, and no greater offence, and shall be punishable accordingly.

18Abolition of year-and-a-day rule

An act or omission that in fact causes death will be regarded in law as the cause of death even though the death occurs more than a year and a day after the act or omission.

Division 4Unlawful threats19Unlawful threats

(1)
A person who—
(a)
threatens, without lawful excuse, to kill or endanger the life of another; and
(b)
intends to arouse a fear that the threat will be, or is likely to be, carried out, or is recklessly indifferent as to whether such a fear is aroused,
is guilty of an offence.
Maximum penalty:
(a)
for a basic offence—imprisonment for 10 years;
(b)
for an aggravated offence—imprisonment for 12 years.
(2)
A person who—
(a)
threatens, without lawful excuse, to cause harm to another; and
(b)
intends to arouse a fear that the threat will be, or is likely to be, carried out, or is recklessly indifferent as to whether such a fear is aroused,
is guilty of an offence.
Maximum penalty:
(a)
for a basic offence—imprisonment for 5 years;
(b)
for an aggravated offence (except one to which paragraph (c) applies)—imprisonment for 7 years;
(c)
for an offence aggravated by the circumstances referred to in section 5AA(1)(c), (ca) or (ka)—imprisonment for 8 years.
(3)
This section applies to a threat directly or indirectly communicated by words (written or spoken) or by conduct, or partially by words and partially by conduct.
(4)
In this section—
harm, in relation to a person, has the same meaning as in section 21.

Division 5Stalking19AAUnlawful stalking

(1)
A person stalks another if—
(a)
on at least two separate occasions, the person—
(i)
follows the other person; or
(ii)
loiters outside the place of residence of the other person or some other place frequented by the other person; or
(iii)
enters or interferes with property in the possession of the other person; or
(iv)
gives or sends offensive material to the other person, or leaves offensive material where it will be found by, given to or brought to the attention of the other person; or
(iva)
publishes or transmits offensive material by means of the internet or some other form of electronic communication in such a way that the offensive material will be found by, or brought to the attention of, the other person; or
(ivb)
communicates with the other person, or to others about the other person, by way of mail, telephone (including associated technology), facsimile transmission or the internet or some other form of electronic communication in a manner that could reasonably be expected to arouse apprehension or fear in the other person; or
(v)
keeps the other person under surveillance; or
(vi)
acts in any other way that could reasonably be expected to arouse the other person's apprehension or fear; and
(b)
the person—
(i)
intends to cause serious physical or mental harm to the other person or a third person; or
(ii)
intends to cause serious apprehension or fear.
(2)
A person who stalks another is guilty of an offence.
Maximum penalty:
(a)
for a basic offence—imprisonment for 3 years;
(b)
for an aggravated offence—imprisonment for 5 years.
(3)
A person who is charged with stalking is (subject to any exclusion in the instrument of charge) to be taken to have been charged in the alternative with offensive behaviour1 so that if the court is not satisfied that the charge of stalking has been established but is satisfied that the charge of offensive behaviour has been established, the court may convict the person of offensive behaviour.
(4)
A person who has been acquitted or convicted on a charge of stalking may not be convicted of another offence arising out of the same set of circumstances and involving a physical element that is common to that charge.
(5)
A person who has been acquitted or convicted on a charge of an offence other than stalking may not be convicted of stalking if the charge of stalking arises out of the same set of circumstances and involves a physical element that is common to the charge of that other offence.
(6)
For the purposes of this section, the circumstances of a dealing with material may be taken into account in determining whether the material was offensive material but, if material was inherently offensive material, the circumstances of a dealing with the material cannot be taken to have deprived it of that character.
Note—
1See section 7 of the Summary Offences Act 1953.

Division 6Serious vehicle and vessel offences19AABInterpretation

In this Division—
consumption in relation to a drug includes injection and any other form of administration;
harm, physical harm and serious harm have the same meanings as in section 21;
Registrar of Motor Vehicles has the same meaning as in the Road Traffic Act 1961.

19ACausing death or harm by dangerous use of vehicle or vessel

(1)
A person who—
1. (a)
  drives a vehicle or operates a vessel in a culpably negligent manner, recklessly, or at a speed or in a manner dangerous to any person; and
2. (b)
  by that culpable negligence, recklessness or other conduct, causes the death of another,

is guilty of an indictable offence.
Maximum penalty:
(a)
where a motor vehicle or motor vessel was used in the commission of the offence—
(i)
for a first offence that is a basic offence—imprisonment for 15 years and, in the case of an offence involving the use of a motor vehicle, disqualification from holding or obtaining a driver's licence for 10 years or such longer period as the court orders;
(ii)
for a first offence that is an aggravated offence or for any subsequent offence—imprisonment for life and, in the case of an offence involving the use of a motor vehicle, disqualification from holding or obtaining a driver's licence for 10 years or such longer period as the court orders;
(b)
where neither a motor vehicle nor motor vessel was used in the commission of the offence—imprisonment for 7 years.

(3)
A person who—
1. (a)
  drives a vehicle or operates a vessel in a culpably negligent manner, recklessly, or at a speed or in a manner dangerous to any person; and
2. (b)
  by that culpable negligence, recklessness or other conduct, causes harm to another,

is guilty of an indictable offence.
Maximum penalty:
(a)
where a motor vehicle or motor vessel was used in the commission of the offence and serious harm was caused to a person—
(i)
for a first offence that is a basic offence—imprisonment for 15 years and, in the case of an offence involving the use of a motor vehicle, disqualification from holding or obtaining a driver's licence for 10 years or such longer period as the court orders;
(ii)
for a first offence that is an aggravated offence or for any subsequent offence—imprisonment for life and, in the case of an offence involving the use of a motor vehicle, disqualification from holding or obtaining a driver's licence for 10 years or such longer period as the court orders;
(b)
where a motor vehicle or motor vessel was used in the commission of the offence but serious harm was not caused to any person—
(i)
for a first offence that is a basic offence—imprisonment for 5 years and, in the case of an offence involving the use of a motor vehicle, disqualification from holding or obtaining a driver's licence for 1 year or such longer period as the court orders;
(ii)
for a first offence that is an aggravated offence or for any subsequent offence—imprisonment for 7 years and, in the case of an offence involving the use of a motor vehicle, disqualification from holding or obtaining a driver's licence for 3 years or such longer period as the court orders;

(c)
where neither a motor vehicle nor motor vessel was used in the commission of the offence—imprisonment for 5 years.

(5)
In determining whether an offence is a first or subsequent offence for the purposes of this section a previous offence against—
1. (a)
  this section; or
2. (b)
  section 19AC; or
3. (c)
  section 46 of the Road Traffic Act 1961; or
4. (d)
  section 69A of the Harbors and Navigation Act 1993,

for which the defendant has been convicted will be taken into account.

(6)
Where a convicted person is disqualified from holding or obtaining a driver's licence—
1. (a)
  the disqualification operates to cancel any driver's licence held by the convicted person as at the commencement of the period of disqualification; and
2. (b)
  the disqualification may not be reduced or mitigated in any way or be substituted by any other penalty or sentence.
(7)
A person is liable to be charged with and convicted of an offence against subsection (1) in respect of each person killed, and of an offence against subsection (3) in respect of each person who suffers harm, in consequence of the same act or omission (but in determining whether an offence arising out of a particular act or omission is a first or subsequent offence for the purposes of this section, a conviction for an offence arising out of the same act or omission cannot be taken into account).
(8)
Where at the trial of a person for an offence against this section it appears that the defendant was, or may have been, in a state of self-induced intoxication at the time of the alleged offence but the evidence adduced at the trial would, assuming that the defendant had been sober, be sufficient to establish the mental elements of the alleged offence, the mental elements of the alleged offence shall be deemed to have been established against the defendant.
(9)
For the purposes of subsection (8), intoxication shall be taken to be self-induced if it results from the voluntary consumption of alcohol or a drug (not being a drug supplied on the prescription of, and consumed in accordance with the directions of, a legally qualified medical practitioner).
(10)
It is a defence to a charge of an offence against this section for the defendant to prove that he or she was, at the time of the offence—
1. (a)
  carrying out duties as an emergency worker; and
2. (b)
  acting in accordance with the directions of his or her employing authority; and
3. (c)
  acting reasonably in the circumstances as he or she believed them to be.
(11)
In this section—

emergency worker means a police officer or a person who is an emergency worker as defined by the regulations for the purposes of this section;
employing authority means—
(a)
in relation to a police officer—the Commissioner of Police; or
(b)
in relation to a person who is an emergency worker as defined by the regulations for the purposes of this section—the person defined by the regulations as the employing authority for that person.

19ABLeaving accident scene etc after causing death or harm by careless use of vehicle or vessel

(1)
A person who—
1. (a)
  drives a vehicle or operates a vessel without due care or attention or without reasonable consideration for any person; and
2. (b)
  by that conduct, causes the death of another; and
3. (c)
  fails to satisfy the statutory obligations of a driver of a vehicle or an operator of a vessel (as the case may be) in relation to the incident,

is guilty of an offence.
Maximum penalty:
(a)
where a motor vehicle or motor vessel was used in the commission of the offence—
(i)
for a first offence—imprisonment for 15 years and, in the case of an offence involving the use of a motor vehicle, disqualification from holding or obtaining a driver's licence for 10 years or such longer period as the court orders;
(ii)
for a subsequent offence—imprisonment for life and, in the case of an offence involving the use of a motor vehicle, disqualification from holding or obtaining a driver's licence for 10 years or such longer period as the court orders;
(b)
where neither a motor vehicle nor motor vessel was used in the commission of the offence—imprisonment for 7 years.

(2)
A person who—
1. (a)
  drives a vehicle or operates a vessel without due care or attention or without reasonable consideration for any person; and
2. (b)
  by that conduct, causes physical harm to another; and
3. (c)
  fails to satisfy the statutory obligations of a driver of a vehicle or an operator of a vessel (as the case may be) in relation to the incident,

is guilty of an offence.
Maximum penalty:
(a)
where a motor vehicle or motor vessel was used in the commission of the offence and the physical harm caused to a person amounts to serious harm—
(i)
for a first offence—imprisonment for 15 years and, in the case of an offence involving the use of a motor vehicle, disqualification from holding or obtaining a driver's licence for 10 years or such longer period as the court orders;
(ii)
for a subsequent offence—imprisonment for life and, in the case of an offence involving the use of a motor vehicle, disqualification from holding or obtaining a driver's licence for 10 years or such longer period as the court orders;
(b)
where a motor vehicle or motor vessel was used in the commission of the offence but the physical harm caused to any person does not amount to serious harm—
(i)
for a first offence—imprisonment for 5 years and, in the case of an offence involving the use of a motor vehicle, disqualification from holding or obtaining a driver's licence for 1 year or such longer period as the court orders;
(ii)
for a subsequent offence—imprisonment for 7 years and, in the case of an offence involving the use of a motor vehicle, disqualification from holding or obtaining a driver's licence for 3 years or such longer period as the court orders;
(c)
where neither a motor vehicle nor motor vessel was used in the commission of the offence—imprisonment for 5 years.

(3)
For the purposes of subsection (1) and (2)—
1. (a)
  a person fails to satisfy the statutory obligations of a driver of a vehicle in relation to an incident if the person commits an offence against section 43 of the Road Traffic Act 1961 in relation to the incident; and
2. (b)
  a person fails to satisfy the statutory obligations of an operator of a vessel in relation to an incident if the person commits an offence against section 75 or 76 of the Harbors and Navigation Act 1993 in relation to the incident.
(4)
In determining whether an offence is a first or subsequent offence for the purposes of this section, all previous offences against this section or section 19A that involved the driving of a motor vehicle or operation of a motor vessel must be taken into account except that such an offence will not be taken to be a previous offence for the purposes of subsection (1), or an offence against subsection (2) in which serious harm was caused to a person, unless it resulted in the death of, or grievous bodily or serious harm to, the victim.
(5)
Where a convicted person is disqualified from holding or obtaining a driver's licence—
1. (a)
  the disqualification operates to cancel any driver's licence held by the convicted person as at the commencement of the period of disqualification; and
2. (b)
  the disqualification may not be reduced or mitigated in any way or be substituted by any other penalty or sentence.
(6)
A person is liable to be charged with and convicted of an offence against subsection (1) in respect of each person killed, and of an offence against subsection (2) in respect of each person who suffers physical harm, in consequence of the same act or omission (but in determining whether an offence arising out of a particular act or omission is a first or subsequent offence for the purposes of this section, a conviction for an offence arising out of the same act or omission cannot be taken into account).

19ABACausing death or serious harm by careless use of vehicle or vessel

(1)
A person who—
1. (a)
  drives a vehicle or operates a vessel without due care or attention or without reasonable consideration for any person; and
2. (b)
  by that conduct, causes the death of another,

is guilty of an indictable offence.
Maximum penalty:
(a)
where a motor vehicle or motor vessel was used in the commission of the offence—
(i)
for a basic offence—imprisonment for 5 years and, in the case of an offence involving the use of a motor vehicle, disqualification from holding or obtaining a driver's licence for 1 year or such longer period as the court orders;
(ii)
for an aggravated offence—imprisonment for 7 years and, in the case of an offence involving the use of a motor vehicle, disqualification from holding or obtaining a driver's licence for 3 years or such longer period as the court orders;
(b)
where neither a motor vehicle nor motor vessel was used in the commission of the offence—imprisonment for 3 years.

(2)
A person who—
1. (a)
  drives a vehicle or operates a vessel without due care or attention or without reasonable consideration for any person; and
2. (b)
  by that conduct, causes serious harm to another,

is guilty of an indictable offence.
Maximum penalty:
(a)
where a motor vehicle or motor vessel was used in the commission of the offence—
(i)
for a basic offence—imprisonment for 5 years and, in the case of an offence involving the use of a motor vehicle, disqualification from holding or obtaining a driver's licence for 1 year or such longer period as the court orders;
(ii)
for an aggravated offence—imprisonment for 7 years and, in the case of an offence involving the use of a motor vehicle, disqualification from holding or obtaining a driver's licence for 3 years or such longer period as the court orders;
(b)
where neither a motor vehicle nor motor vessel was used in the commission of the offence—imprisonment for 2 years.

(3)
Where a convicted person is disqualified from holding or obtaining a driver's licence—
1. (a)
  the disqualification operates to cancel any driver's licence held by the convicted person as at the commencement of the period of disqualification; and
2. (b)
  the disqualification may not be reduced or mitigated in any way or be substituted by any other penalty or sentence.
(4)
A person is liable to be charged with and convicted of an offence against subsection (1) in respect of each person killed, and of an offence against subsection (2) in respect of each person who suffers serious harm, in consequence of the same act or omission.
(5)
It is a defence to a charge of an offence against this section for the defendant to prove that they were, at the time of the offence—
1. (a)
  carrying out duties as an emergency worker; and
2. (b)
  acting in accordance with the directions of their employing authority; and
3. (c)
  acting reasonably in the circumstances as they believed them to be.
(6)
Sections 22, 53B(5), 79B(10) and 175 of the Road Traffic Act 1961 apply in relation to an offence against this section as if a reference in any of those sections to an offence against that Act was a reference to the offence against this section.
(7)
In this section—

emergency worker has the same meaning as in section 19A;
employing authority has the same meaning as in section 19A.

19ACDangerous driving to escape police pursuit etc

(1)
A person who, intending to—
1. (a)
  escape pursuit by a police officer; or
2. (b)
  cause a police officer to engage in a pursuit,

drives a motor vehicle in a culpably negligent manner, recklessly, or at a speed or in a manner dangerous to any person is guilty of an offence.
Maximum penalty:
(a)
for a basic offence—imprisonment for 3 years;
(b)
for an aggravated offence—imprisonment for 5 years.

(2)
Where a court convicts a person of an offence against subsection (1) the following provisions apply:
1. (a)
  the court must order that the person be disqualified from holding or obtaining a driver's licence for such period, being not less than 2 years, as the court thinks fit;
2. (b)
  the disqualification prescribed by paragraph (a) may not be reduced or mitigated in any way or be substituted by any other penalty or sentence;
3. (c)
  the disqualification operates to cancel any driver's licence held by the convicted person as at the commencement of the period of disqualification.
(3)
If a person is tried on a charge of an offence against section 29—
1. (a)
  the person may not be convicted of both the offence against section 29 and an offence against subsection (1) if the charge under subsection (1) arises out of the same set of circumstances that gave rise to the charge under section 29; and
2. (b)
  an offence against subsection (1) is not available as an alternative verdict to the charge under section 29 unless the offence against subsection (1) was specified in the instrument of charge as an alternative offence.

19ADStreet racing

(1)
A person who participates in a street race, or in preparations for a proposed street race, is guilty of an offence.
Maximum penalty:
(a)
for a first offence that is a basic offence—imprisonment for 3 years and disqualification from holding or obtaining a driver's licence for 1 year or such longer period as the court orders;
(b)
for a first offence that is an aggravated offence or for any subsequent offence—imprisonment for 5 years and disqualification from holding or obtaining a driver's licence for 3 years or such longer period as the court orders.
(2)
For the purposes of this section, a person participates in a street race, or in preparations for a proposed street race, if the person—
(a)
drives a motor vehicle in the street race; or
(b)
promotes, or assists in the promotion of, the street race or proposed street race in any way; or
(c)
engages in any other conduct that assists, or is intended to assist, in the street race or proposed street race taking place.
(3)
However, subsection (1) does not apply to a street race that occurs in a place with the consent of the owner or occupier of the place or the person who has the care, control and management of the place.
(4)
Where a person is, on conviction of an offence against this section, disqualified from holding or obtaining a driver's licence—
(a)
the disqualification operates to cancel any driver's licence held by the convicted person as at the commencement of the period of disqualification; and
(b)
the disqualification may not be reduced or mitigated in any way or be substituted by any other penalty or sentence.
(5)
For the avoidance of doubt, a person may be found guilty of an offence against this section relating to a proposed street race whether or not the street race in fact took place.
(6)
In determining whether an offence is a first or subsequent offence for the purposes of this section—
(a)
a previous offence against section 45A, 46, 47 or 47B (other than a category 1 offence against that section) of the Road Traffic Act 1961 for which the defendant has been convicted and that was committed within the period of 5 years immediately preceding the commission of the offence under consideration will be taken into account; and
(b)
a previous offence (whenever occurring) against this section or another provision of this Division, or a corresponding previous enactment, for which the defendant has been convicted will be taken into account.
(7)
In this section—
promote, in relation to a street race or proposed street race, includes—
(a)
organise or conduct the street race; or
(b)
offer an inducement to another person to participate in the street race;
road and road‑related area have the same meaning as in the Road Traffic Act 1961;
street race means any or all of the following when conducted on a road or a road‑related area:
(a)
a race between 2 or more motor vehicles (whether the race is a drag race or otherwise, and whether the race is over a predetermined or indeterminate course);
(b)
a trial to determine how quickly a motor vehicle can cover the distance between 2 points;
(c)
a competition between, or display involving, 2 or more motor vehicles consisting of or including the production of sustained wheel spin;
(d)
a trial of a motor vehicle's speed or performance, or of a driver's skill,
but does not include conduct declared by the regulations not to be included within the ambit of this definition.
(8)
A regulation made for the purposes of the definition of street race may confer a discretionary power on the Attorney‑General, the Commissioner of Police or any other specified person or body.

19ADAExtreme speed

(1)
A person who drives a motor vehicle at an extreme speed is guilty of an offence.
Maximum penalty:
(a)
for a basic offence—imprisonment for 3 years;
(b)
for an aggravated offence—imprisonment for 5 years.
(2)
For the purposes of subsection (1), a person drives a motor vehicle at an extreme speed if—
(a)
the relevant speed limit is 60 kilometres an hour or less and the person drives the vehicle at a speed exceeding the relevant speed limit by 55 kilometres an hour or more; or
(b)
the relevant speed limit is more than 60 kilometres an hour and the person drives the vehicle at a speed exceeding the relevant speed limit by 80 kilometres an hour or more.
(3)
Subsection (1) does not apply to the driver of an emergency vehicle if—
(a)
in the circumstances—
(i)
the driver is taking reasonable care; and
(ii)
it is reasonable that the provision should not apply; and
(b)
if the vehicle is a motor vehicle that is moving—the vehicle is displaying a blue or red flashing light or sounding an alarm.
(4)
Subsection (3)(b) does not apply to a vehicle used by a police officer if, in the circumstances, it is reasonable—
(a)
not to display the light or sound the alarm; or
(b)
for the vehicle not to be fitted or equipped with a blue or red flashing light or an alarm.
(5)
If a court convicts a person of an offence against subsection (1), the following provisions apply:
(a)
the court must order that the person is disqualified from holding or obtaining a driver's licence for the following period:
(i)
for a first offence—
(A)
if the offence is a basic offence—such period, being not less than 2 years, as the court thinks fit; or
(B)
if the offence is an aggravated offence—such period, being not less than 5 years, as the court thinks fit;
(ii)
for a subsequent offence—such period, being not less than 5 years, as the court thinks fit;
(b)
the disqualification prescribed by paragraph (a) cannot be reduced or mitigated in any way or be substituted by any other penalty or sentence;
(c)
if the person is the holder of a driver's licence—the disqualification operates to cancel the licence as from the commencement of the period of disqualification.
(6)
If a person is tried on a charge of an offence against section 29—
(a)
the person may not be convicted of both the offence against section 29 and an offence against subsection (1) if the charge under subsection (1) arises out of the same set of circumstances that gave rise to the charge under section 29; and
(b)
an offence against subsection (1) is not available as an alternative verdict to the charge under section 29 unless the offence against subsection (1) was specified in the instrument of charge as an alternative offence.
(7)
In determining whether an offence is a first or subsequent offence for the purposes of this section—
(a)
a previous offence against section 45A or 46 of the Road Traffic Act 1961 for which the defendant has been convicted and that was committed within the period of 5 years immediately preceding the commission of the offence under consideration will be taken into account; and
(b)
a previous offence (whenever occurring) against this section or another provision of this Division, or a corresponding previous enactment, for which the defendant has been convicted will be taken into account.
(8)
This section is in addition to, and does not derogate from, any other provision relating to speed limits contained in the Road Traffic Act 1961 or the Motor Vehicles Act 1959 or any other Act or in any regulation, rule or by‑law made under the Road Traffic Act 1961 or the Motor Vehicles Act 1959 or any other Act.
(9)
Sections 22, 53B(5), 79B(10) and 175 of the Road Traffic Act 1961 apply in relation to an offence against subsection (1) as if a reference in any of those sections to an offence against that Act was a reference to an offence against subsection (1).
(10)
In this section—
emergency vehicle means a motor vehicle used by a police officer or a person who is an emergency worker as defined by the regulations for the purposes of this section;

16.1.2003
s 329	inserted by 49/1984 s 4	24.5.1984
amended by 59/1994 Sch 1	1.1.1995
Pt 9 Div 15	inserted by 26/2002 s 16	5.7.2003
deleted by 18/2017 Sch 2 cl 10	5.3.2018
Pt 10	deleted by 49/1984 s 5	24.5.1984
inserted by 28/2008 s 5	3.8.2008
deleted by 18/2017 Sch 2 cl 11	5.3.2018
Pt 10A	inserted by 28/2008 s 5	3.8.2008
deleted by 18/2017 Sch 2 cl 11	5.3.2018
Pt 11 before deletion by 18/2017
heading	inserted by 26/2002 s 19(1) (Sch 2)	16.1.2003
substituted by 17/2006 s 93	4.9.2006
s 347	deleted by 67/1980 s 4	11.12.1980
s 348
ancillary order	inserted by 75/1991 s 9	16.1.1992
amended by 43/1994 s 8(a)	9.6.1994
amended by 22/1994 Sch cl 1(b)	1.8.1994
amended by 59/1998 s 5	13.12.1998
(a) and (b) deleted by 19/2005 Sch 1 cl 5	2.4.2006
amended by 85/2009 Sch 1 cl 5	9.12.2011
conviction	inserted by 90/1995 s 3(a)	4.1.1996
court	inserted by 90/1995 s 3(a)	4.1.1996
District Criminal Court	deleted by 43/1994 s 8(b)	9.6.1994
Full Court	deleted by 28/2008 s 6	3.8.2008
information	amended by 50/1984 s 3(1) (Sch 1)	1.1.1985
amended by 43/1994 s 8(c)	9.6.1994
issue antecedent to trial	inserted by 90/1995 s 3(b)	4.1.1996
judge	amended by 43/1994 s 8(d)	9.6.1994
Master	deleted 50/1984 s 3(1) (Sch 1)	1.1.1985
question of law	inserted by 90/1995 s 3(c)	4.1.1996
deleted by 67/1996 s 8	17.10.1996
sentence	amended by 13/1999 s 4	16.5.1999
s 348A	inserted by 67/1980 s 5	11.12.1980
deleted by 49/1991 Sch 2	6.7.1992
s 349	s 349(1) redesignated as s 349 in pursuance of the Acts Republication Act 1967	1.1.1985
heading preceding s 350	substituted by 26/2002 s 19(1) (Sch 2)	16.1.2003
s 350 before substitution by 90/1995	amended by 67/1980 s 6	11.12.1980
amended by 50/1984 s 3(1) (Sch 1)	1.1.1985
amended by 49/1991 Sch 2	6.7.1992
s 350 before substitution by 17/2006	substituted by 90/1995 s 4	4.1.1996
s 350(a1)	inserted by 67/1996 s 9(a)	17.10.1996
s 350(1)	amended by 67/1996 s 9(b)	17.10.1996
s 350(2)	amended by 67/1996 s 9(c)	17.10.1996
s 350(3)	amended by 67/1996 s 9(d)	17.10.1996
s 350(4)	amended by 67/1996 s 9(e)	17.10.1996
s 350	substituted by 17/2006 s 94	4.9.2006
s 351	amended by 67/1980 s 7	11.12.1980
amended by 50/1984 s 3(1) (Sch 1)	1.1.1985
amended by 49/1991 Sch 2	6.7.1992
substituted by 90/1995 s 5	4.1.1996
s 351(1)	amended by 67/1996 s 10	17.10.1996
s 351A	inserted by 67/1980 s 8	11.12.1980
deleted by 37/1993 Sch	15.7.1993
inserted by 90/1995 s 5	4.1.1996
s 351A(1)	amended by 67/1996 s 11	17.10.1996
s 351B	inserted by 90/1995 s 5	4.1.1996
s 351B(1)	amended by 67/1996 s 12	17.10.1996
amended by 47/2013 s 4	17.5.2014
heading preceding s 352	substituted by 26/2002 s 19(1) (Sch 2)	16.1.2003
s 352	amended by 67/1980 s 9	11.12.1980
amended by 50/1984 s 3(1) (Sch 1)	1.1.1985
amended by 49/1991 Sch 2	6.7.1992
amended by 43/1994 s 9	9.6.1994
substituted by 90/1995 s 6	4.1.1996
s 352(1)	amended by 13/1999 s 5	16.5.1999
amended by 31/2000 s 2	6.7.2000
amended by 17/2006 s 95(1)	4.9.2006
amended by 28/2008 s 7	3.8.2008
amended by 9/2013 s 5(1)	5.5.2013
s 352(2)	deleted by 17/2006 s 95(2)	4.9.2006
inserted by 9/2013 s 5(2)	5.5.2013
s 353
s 353(1) and (2)	amended by 50/1984 s 3(1) (Sch 1)	1.1.1985
s 353(2a)	inserted by 31/2000 s 3	6.7.2000
amended by 28/2008 s 8(1)	3.8.2008
s 353(3)	substituted by 28/2008 s 8(2)	3.8.2008
s 353(3a)	inserted by 90/1995 s 7	4.1.1996
amended by 9/2013 s 6	5.5.2013
s 353(4)	amended by 67/1980 s 10(a)	11.12.1980
substituted by 23/2004 s 6	1.9.2004
amended by 28/2016 s 9	16.6.2016
s 353(5)	inserted by 67/1980 s 10(b)	11.12.1980
amended by 49/1991 Sch 2	6.7.1992
substituted by 59/1998 s 6	13.12.1998
s 353A	inserted by 9/2013 s 7	5.5.2013
s 354
s 354(4)	deleted by 26/2002 s 17	16.1.2003
s 354A	inserted by 75/1991 s 10	16.1.1992
s 354A(3)	substituted by 59/1998 s 7	13.12.1998
s 354A(4)	inserted by 59/1998 s 7	13.12.1998
s 355
s 355(1)	amended by 50/1984 s 3(1) (Sch 1)	1.1.1985
amended by 17/2006 s 96	4.9.2006
s 356A	inserted by 43/1994 s 10	9.6.1994
heading preceding s 357	deleted by 26/2002 s 19(1) (Sch 2)	16.1.2003
s 357	amended by 115/1976 s 12	23.12.1976
amended by 33/1991 s 8	6.6.1991
substituted by 90/1995 s 8	4.1.1996
s 357(1)	amended by 17/2006 s 97	4.9.2006
s 357(3) and (4)	inserted by 9/2013 s 8	5.5.2013
s 358	amended by 50/1984 s 3(1) (Sch 1)	1.1.1985
amended by 43/1994 s 11	9.6.1994
deleted by 90/1995 s 9	4.1.1996
s 360	deleted by 10/2001 s 6(b)	12.4.2001
s 361 before substitution by 62/2016
s 361(1)	amended by 17/2006 s 98	4.9.2006
s 361(1a) and (1b)	inserted by 43/2012 s 11(1)	11.3.2013
s 361(3)	inserted by 43/2012 s 11(2)	11.3.2013
s 361	substituted by 62/2016 s 6	8.12.2016
s 362	amended by 49/1991 Sch 2	6.7.1992
s 363
s 363(2)	deleted by 10/2001 s 6(c)	12.4.2001
s 364
s 364(1)	amended by 50/1984 s 3(1) (Sch 1)	1.1.1985
s 364(3)	amended by 33/1991 s 9	6.6.1991
s 364(4)	amended by 17/2006 s 99	4.9.2006
s 364(5)	amended by 50/1984 s 3(1) (Sch 1)	1.1.1985
s 365
s 365(1), (2) and (4)	amended by 50/1984 s 3(1)(Sch 1)	1.1.1985
s 366
s 366(1)	amended by 50/1984 s 3(1) (Sch 1)	1.1.1985
amended by 17/2006 s 100	4.9.2006
s 366(2)	amended by 49/1991 Sch 2	6.7.1992
s 366(3)	amended by 50/1984 s 3(1) (Sch 1)	1.1.1985
amended by 49/1991 Sch 2	6.7.1992
s 367	amended by 67/1980 s 11	11.12.1980
amended by 17/2006 s 101	4.9.2006
deleted by 9/2013 s 9	5.5.2013
s 368	amended by 50/1984 s 3(1) (Sch 1)	1.1.1985
amended by 43/1994 s 12	9.6.1994
deleted by 90/1995 s 10	12.9.1996
heading preceding s 369	substituted by 26/2002 s 19(1) (Sch 2)	16.1.2003
s 369
s 369(1)	s 369 amended by 115/1976 s 13	23.12.1976
s 369 amended by 49/1991 Sch 2	6.7.1992
s 369 redesignated as s 369(1) by 9/2013 s 10	5.5.2013
s 369(2)	inserted by 9/2013 s 10	5.5.2013
Pt 11	deleted by 18/2017 Sch 2 cl 11	5.3.2018
Pt 12	inserted by 26/2002 s 18	16.1.2003
Schs 1 and 2	amended by 49/1991 Sch 2	6.7.1992
deleted by 18/2017 Sch 2 cl 12	5.3.2018
Sch 3 before deletion by 18/2017	amended by 50/1984 s 3(1) (Sch 1)	1.1.1985
amended by 49/1991 Sch 2	6.7.1992
amended by 59/1994 Sch 1	1.1.1995
all rules revoked by 5.01 of Supreme Court Criminal Rules 2013	1.1.2013
Sch 3	deleted by 18/2017 Sch 2 cl 12	5.3.2018
Appendix to Rules	deleted by 26/2002 s 19(1) (Sch 2)	16.1.2003
Schs 8 and 9	deleted by 115/1976 s 14	23.12.1976
Sch 10	deleted by 18/2017 Sch 2 cl 12	5.3.2018
Sch 11	inserted by 35/1992 s 10 (Sch)	6.7.1992
cl 1
cl 1(30)	inserted by 7/2021 Sch 1 cl 4	7.7.2022

Transitional etc provisions associated with Act or amendments

Statutes Amendment (Crimes Confiscation and Restitution) Act 1991

11—Transitional provision

The amendments made by this Part apply in respect of proceedings commenced either before or after the commencement of this Part.

Statutes Repeal and Amendment (Courts) Act 1991

22—Transitional provisions—general

(1)
This section applies to amendments made by this Act or the Justices Amendment Act 1991.
(2)
The following transitional provisions apply in relation to those amendments:
(a)
if the effect of the amendment is to reduce the penalty for an offence, the amendment applies whether the offence was committed before or after the amendment takes effect;
(b)
if the effect of the amendment is to increase the penalty for an offence, the amendment applies only to offences committed after it takes effect;
(c)
if the effect of the amendment is to increase or remove a time limit for commencing proceedings for an offence, the previous limit applies in respect of an offence committed before the amendment takes effect;
(d)
an amendment affecting the classification of an offence as summary or indictable does not apply in relation to an offence committed before the amendment takes effect.

Criminal Law Consolidation (Detention of Insane Offenders) Amendment Act 1992

6—Transitional provisions

(1)
A person who is, immediately prior to the commencement of this Act, being kept in custody during the Governor's pleasure pursuant to section 292 or 293 of the principal Act will, on that commencement, be taken to be detained until further order of the court pursuant to the principal Act as amended by this Act.
(2)
A person who is, immediately prior to the commencement of this Act, subject to a licence pursuant to section 293A of the principal Act will, on that commencement, be taken to have been released by the court on licence pursuant to the principal Act as amended by this Act.

Criminal Law Consolidation (Appeals) Amendment Act 1995

11—Transitional provision

(1)
If an information was laid in the Supreme Court or the District Court before the commencement of this Act, the amendments effected by this Act do not apply to the proceedings founded on that information or any related proceedings and the provisions of the principal Act affected by the amendments continue to apply as if the amendments had not been made.
(2)
If an information is laid in the Supreme Court or the District Court on or after the commencement of this Act, the amendments effected by this Act apply to the proceedings founded on the information and any related proceedings.

Criminal Law Consolidation (Mental Impairment) Amendment Act 1995, Sch

2—Transitional provision

The principal Act, as amended by this Act, applies to all trials commencing after the commencement of this Act (whether the offence is alleged to have been committed before or after the commencement of this Act).

Criminal Law Consolidation (Appeals) Amendment Act 2000

4—Transitional provision

The amendments effected by this Act only apply in relation to proceedings for offences alleged to have been committed after its commencement.

Statutes Amendment (Courts and Judicial Administration) Act 2001

8—Transitional provision

The amendments made to the principal Act by this Part do not apply in respect of an offence committed before the commencement of this Part.

Criminal Law Consolidation (Offences of Dishonesty) Amendment Act 2002, Sch 1

2—Transitional provision

(1)
The principal Act as in force before the commencement of this Act applies to offences committed before the commencement of this Act.
(2)
The principal Act as amended by this Act applies to offences committed on or after the commencement of this Act.

Controlled Substances (Serious Drug Offences) Amendment Act 2005, Sch 1

6—Transitional provision

An amendment to the principal Act effected by a provision of this Act only applies in relation to an offence if the offence is committed on or after the commencement of the provision.

Criminal Law Consolidation (Rape and Sexual Offences) Amendment Act 2008, Sch 1

7—Transitional provision—Persistent sexual abuse of a child
For the avoidance of doubt, the repeal of section 74 of the Criminal Law Consolidation Act 1935 does not affect any proceedings for an offence against that section commenced prior to the repeal of that section.

Statutes Amendment (Courts Efficiency Reforms) Act 2012

12—Transitional provision

The amendments made to the Criminal Law Consolidation Act 1935 by this Part are to be considered procedural rather than substantive.

Statutes Amendment (Appeals) Act 2013, Sch 1—Transitional provision

The amendments effected by this Act apply in relation to appeals instituted after the commencement of this Act, regardless of whether the offence to which the appeal relates was committed, or allegedly committed, before or after the commencement of this Act.

Statutes Amendment (Attorney-General's Portfolio) (No 2) Act 2017, Pt 4

9—Sentencing for offences under previous law

(1)
A sentence imposed on a person, before the commencement of this section, in respect of an offence against section 50 of the Criminal Law Consolidation Act 1935 (as in force before the commencement of section 6 of this Act) is taken to be, and always to have been, not affected by error or otherwise manifestly excessive merely because—
(a)
the trial judge did not ask any question of the trier of fact directed to ascertaining which acts of sexual exploitation, or which particulars of the offence as alleged, the trier of fact found to have been proved beyond a reasonable doubt and the person was not sentenced on the view of the facts most favourable to the person; and
(b)
the sentencing court sentenced the person consistently with the verdict of the trier of fact but having regard to the acts of sexual exploitation determined by the sentencing court to have been proved beyond a reasonable doubt.
(2)
Where, after the commencement of this section, a person is to be sentenced for an offence against section 50 of the Criminal Law Consolidation Act 1935 (as in force before the commencement of section 6 of this Act) the following provisions apply:
(a)
a verdict of guilt handed down by the trier of fact in relation to the offence is taken to be, and always to have been, a finding by the trier of fact that the person is guilty of the acts of sexual exploitation comprising the course of conduct alleged by the information;
(b)
notwithstanding paragraph (a), in sentencing the person for the offence, the sentencing court may determine which alleged acts of sexual exploitation the sentencing court finds proved beyond a reasonable doubt and may disregard any acts of sexual exploitation that the sentencing court is not satisfied were proved beyond a reasonable doubt;
(c)
for the avoidance of doubt, the sentencing court need not ask any question of the trier of fact directed to ascertaining which acts of sexual exploitation, or which particulars of the offence as alleged, the trier of fact found to have been proved beyond a reasonable doubt and, unless it has so determined in accordance with paragraph (b), need not sentence the person on the view of the facts most favourable to the person.
(3)
This section does not apply in relation to the particular matter that was the subject of the determination in Chiro v The Queen [2017] HCA 37 (13 September 2017).
Note—
Except as provided in subsection (3), this section negates the effect of the determination of the High Court in Chiro v The Queen [2017] HCA 37 (13 September 2017).

Criminal Law Consolidation (Criminal Organisations) Amendment Act 2017, Sch 1

1—Transitional provision

An amendment of the Criminal Law Consolidation Act 1935 made by this Act will apply only in respect of an offence alleged to have occurred after the commencement of this Act.

Summary Procedure (Indictable Offences) Amendment Act 2017, Sch 2 Pt 14

41—Transitional provision

The amendments made by this Act apply to proceedings relating to an offence that are commenced after the commencement of this Act, regardless of when the offence occurred (and the Acts amended by this Act, as in force before the commencement of this Act, continue to apply to proceedings that were commenced before the commencement of this Act).

Statutes Amendment (Explosives) Act 2017, Pt 2

6—Review

(1)
The Attorney‑General must undertake a review of the operation and effectiveness of the amendments effected by this Part.
(2)
The review required under this section must commence not later than 3 years after the commencement of this Part.
(3)
The Attorney‑General must prepare a report based on the review and must, within 12 sitting days after the report is prepared, cause copies of the report to be laid before each House of Parliament.

Statutes Amendment (Abolition of Defence of Provocation and Related Matters) Act 2020, Sch 1

1—Transitional provision—amendments to Criminal Law Consolidation Act 1935
Section 15B(2) of the Criminal Law Consolidation Act 1935 (as enacted by this Act) will be taken not to apply in relation to a trial that commenced before the commencement of this clause.

Statutes Amendment (Attorney-General's Portfolio) Act 2020, Pt 3

9—Transitional provision

(1)
If, immediately before the relevant day, a defendant is in any form of custody pursuant to an order of a court under section 269X(1)(b) or (2)(b) of the Criminal Law Consolidation Act 1935, the custody of the defendant may, after the relevant day, be determined as if the defendant had been committed to custody in accordance with section 269X(1)(b) or (2)(b) (as the case may be) of the Criminal Law Consolidation Act 1935 as in force after the relevant day.
(2)
In this section—
relevant day means the day on which section 8 of this Part comes into operation.

Independent Commissioner Against Corruption (CPIPC Recommendations) Amendment Act 2021, Sch 1 Pt 21—Savings and transitional provisions

76—Savings and transitional regulations

Regulations may be made under any Act amended by this Act (including under the Independent Commission Against Corruption Act 2012 as in force after the commencement of this Act) to make provisions of a saving or transitional nature consequent on the enactment of this Act or on the commencement of specified provisions of this Act.

Historical versions

Retrospective amendment not included in Reprints 33—38 (see s 10 of 26/2002)
Reprint—1.1.1985
Reprint No 1—6.6.1991
Reprint No 2—31.10.1991
Reprint No 3—12.12.1991
Reprint No 4—16.1.1992
Reprint No 5—16.4.1992
Reprint No 6—6.7.1992
Reprint No 7—12.11.1992
Reprint No 8—1.1.1993
Reprint No 9—1.7.1993
Reprint No 10—15.7.1993
Reprint No 11—1.6.1994
Reprint No 12—9.6.1994
Reprint No 13—1.8.1994
Reprint No 14 —1.1.1995
Reprint No 15—10.7.1995
Reprint No 16—4.1.1996
Reprint No 17—2.3.1996
Reprint No 18—12.9.1996
Reprint No 19—17.10.1996
Reprint No 20—27.3.1997
Reprint No 21—27.4.1997
Reprint No 22—7.7.1997 does not contain 30/1997
Reprint No 23—7.7.1997
Reprint No 24—13.12.1998
Reprint No 25—11.3.1999
Reprint No 26—1.4.1999
Reprint No 27—16.5.1999
Reprint No 28—1.7.1999
Reprint No 29—25.12.1999
Reprint No 30 —8.6.2000
Reprint No 31—6.7.2000
Reprint No 32—14.8.2000
Reprint No 33—29.10.2000
Reprint No 34—12.4.2001
Reprint No 35—13.1.2002
Reprint No 36—3.2.2002
Reprint No 37—31.10.2002
Reprint No 38—1.12.2002
Reprint No 39—16.1.2003
Reprint No 40—17.6.2003
Reprint No 41—5.7.2003
Reprint No 42—27.7.2003
29.4.2004
30.5.2004
1.9.2004 (electronic only)
5.9.2004
25.11.2004
30.1.2005
14.4.2005
1.1.2006
6.3.2006
2.4.2006
15.5.2006
1.7.2006
30.7.2006
13.8.2006
4.9.2006 (electronic only)
10.9.2006
23.11.2006
18.1.2007
1.3.2007
1.4.2007
1.6.2007
3.12.2007
16.12.2007
3.2.2008
8.6.2008
3.8.2008
4.9.2008
23.11.2008 (electronic only)
27.11.2008
20.12.2009
27.6.2010
1.7.2010
19.9.2010
21.8.2011
17.11.2011
9.12.2011
1.1.2012
19.5.2012
1.6.2012
17.6.2012
5.8.2012
15.10.2012
15.12.2012
1.1.2013 (electronic only)
4.3.2013
11.3.2013
5.5.2013 (electronic only)

12.5.2013
9.6.2013
1.9.2013
31.12.2013
26.1.2014
17.5.2014
30.3.2015
1.4.2015
6.8.2015
5.12.2015
7.2.2016
16.6.2016
1.12.2016
8.12.2016 (electronic only)
16.12.2016
1.7.2017
23.10.2017 (electronic only)
24.10.2017
14.11.2017
27.11.2017
23.1.2018
5.3.2018
30.4.2018 (electronic only)
1.5.2018
13.8.2018
6.9.2018
22.10.2018
31.1.2019
9.5.2019
14.6.2019
1.7.2019
3.10.2019
24.10.2019
18.11.2019
3.1.2020
1.5.2020
18.6.2020
1.10.2020
1.2.2021
29.3.2021
1.4.2021
9.9.2021 (electronic only)
16.9.2021
7.10.2021
16.12.2021
1.6.2022
7.7.2022
29.8.2022
1.10.2022
8.12.2022
16.12.2022
31.1.2023
8.3.2023
22.6.2023
15.9.2023
1.10.2023