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, 12/09/2020.