Home›Bills›Bill 135

📜 Criminal Law Amendment (Uncertain Dates) Bill 2019

Assented toLABill 13520 June 2019

This bill amends The Criminal Code and the Children's Court of Western Australia Act 1988 to address uncertainties in dates of offences, victim's age, or offender's age, particularly in sexual offence cases. It aims to facilitate prosecutions by clarifying jurisdictional and charging issues.

Impact

This bill affects victims of crime, accused persons, the prosecution, and the Children's Court. It aims to remove barriers to prosecution caused by uncertain dates or ages, ensuring cases can proceed where an offence is proven.

Key Changes

["Allows charges and convictions even when the exact date of an offence within a period is uncertain, focusing on the offence with the lesser penalty.", "Provides a framework for charging sexual offences when the victim's age is uncertain, again prioritizing the offence with the lesser penalty.", "Clarifies the Children's Court's jurisdiction in cases where the accused's age is uncertain, ensuring the court can hear cases where the accused might have been a child."]

Parliamentary Progress

LA IntroducedLA20 June 2019
LA Second Reading MovedLA20 June 2019
LA Consideration in DetailLA15 Oct 2019
LA AmendedLA15 Oct 2019
LA Second Reading AgreedLA15 Oct 2019
LA Third ReadingLA16 Oct 2019
LC Second Reading MovedLC22 Oct 2019
LC Second Reading AgreedLC26 Nov 2020
LC Third ReadingLC26 Nov 2020
Royal Assent9 Dec 2020

Affected Sectors

justice

Penalty Provisions6 found

criminal

10L(2)Criminal

Indictable offences with the same statutory penalty

“If the indictable offences referred to in subsection (1)(c) have the same statutory penalty, the accused person may be charged with, and convicted and sentenced in respect of, either of the offences regardless of when in the relevant period the alleged act or omission occurred.”

10L(3)Criminal

Indictable offences with different statutory penalties

“If the indictable offences referred to in subsection (1)(c) have different statutory penalties, the accused person may be charged with, and convicted and sentenced in respect of, the offence that has the lesser statutory penalty regardless of when in the relevant period the alleged act or omission occurred.”

10M(2)Criminal

Sexual offences with the same statutory penalty

“If the sexual offences referred to in subsection (1)(c) have the same statutory penalty, the accused person may be charged with, and convicted and sentenced in respect of, either of the offences regardless of when in the relevant period the alleged act or omission occurred.”

10M(3)Criminal

Sexual offences with different statutory penalties

“If the sexual offences referred to in subsection (1)(c) have different statutory penalties, the accused person may be charged with, and convicted and sentenced in respect of, the offence that has the lesser statutory penalty regardless of when in the relevant period the alleged act or omission occurred.”

10N(2)Criminal

Sexual offences with the same statutory penalty when victim's age is uncertain

“If the sexual offences referred to in subsection (1)(b) have the same statutory penalty, the accused person may be charged with, and convicted and sentenced in respect of, either of the offences regardless of the age of the victim at the time of the alleged act or omission.”

10N(3)Criminal

Sexual offences with different statutory penalties when victim's age is uncertain

“If the sexual offences referred to in subsection (1)(b) have different statutory penalties, the accused person may be charged with, and convicted and sentenced in respect of, the offence that has the lesser statutory penalty regardless of the age of the victim at the time of the alleged act or omission.”

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