Coming soon - Get a detailed view of why an account is flagged as spam!
view details

This post has been de-listed

It is no longer included in search results and normal feeds (front page, hot posts, subreddit posts, etc). It remains visible only via the author's post history.

1
B.320 - Crimes and Sentencing (Fairness in Minor Judicial Proceedings) Amendment Bill [FIRST READING]
Author Summary
BHjr132 is in FIRST READING
Post Body

Crimes and Sentencing (Fairness in Minor Judicial Proceedings) Amendment Bill

1. Title

This Act may be cited as the Crimes and Sentencing (Fairness in Minor Judicial Proceedings) Amendment Act 2020.

2. Commencement

This Act comes into force one month after receiving the Royal Assent.

3. Purpose

The purpose of this Act is to

(a) Amend the Crimes Act 1961 to create a good faith defence for minor fines and;

(b) Amend the Sentencing Act 1991 to introduce a presumption against sentences of imprisonment for minor instances of offending.

4. Principal Act amended

This Act amends the Crimes Act 1961 (the principal Act).

4. Secondary Act amended

This Act amends the Sentencing Act 1991 (the secondary Act).

Part one: Amendments to the Principal Act

5. New section 61B inserted (Error in good faith)

Insert a new section 61B following section 61A:

61B. Error in good faith

(1) It is a good defence where an individual has recklessly or without knowledge made an error in an attempt to comply with good law, if the individual:

  • (a) Has acted with reasonably and with good faith to seek a resolution, upon discovery of the error and;

  • (b) Agrees to renumerate the state to the best of their abilities over a reasonable time and;

  • (c) Has not previously and successfully used this defence.

(2) This section applies to every section in every act except those:

  • (a) With a maximum penalty greater than a fine of $10,000.

  • (b) Involving violence, force, that are of a sexual nature, or involve other moderate to major offending.

  • ( c ) Where otherwise specified.

Part two: Amendments to the Secondary Act.

6. Section 16 of the Secondary Act amended (Sentence of imprisonment)

Insert a new subsection following subsection (3)

(4) The Court must not impose a sentence of imprisonment for category 2 offences unless the Crown has proved beyond reasonable doubt:

  • (a) That it would be manifestly unjust to not to impose a sentence of imprisonment when considering:

(i) All or any of the purposes in section 7(1)(a) to (c), (e), (f), or (g); and

(ii) Mitigating and aggravating factors in section 9; and

(iii) Any offer, agreement, response, or measure to make amends in section 10.

  • (b) Those purposes cannot be reasonably achieved by a sentence other than imprisonment; and

  • (c) No other sentence would be just or safe when considering the application of the principles in section 8 to the particular case.


B.320 - Crimes and Sentencing (Fairness in Minor Judicial Proceedings) Amendment Bill is sponsored by the Minister of Justice, /u/toastinrussian (Forwards!), on behalf of the government.

Debate will conclude at 6 PM, 28/08/2020.

Author
Account Strength
100%
Account Age
10 years
Verified Email
Yes
Verified Flair
No
Total Karma
8,151
Link Karma
5,139
Comment Karma
2,962
Profile updated: 3 days ago
Posts updated: 7 months ago
The Internet Party

Subreddit

Post Details

Location
We try to extract some basic information from the post title. This is not always successful or accurate, please use your best judgement and compare these values to the post title and body for confirmation.
Posted
4 years ago