CRIMINAL LAW (SENTENCING) (VICTIMS OF CRIME) AMENDMENT BILL

Final Stages

The Legislative Council agreed to the bill with the amendments indicated by the following schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly:

No. 1. Clause 6, page 4, lines 24 to 28—

Clause 6(7), inserted subsection (5)—Delete the definitions of prescribed summary offence and total incapacity and substitute:

prescribed summary offence means a summary offence that has caused the death of, or serious harm to, a person;

serious harm means—

(a) harm that endangers, or is likely to endanger, a person's life; or

(b) harm that consists of, or is likely to result in, loss of, or serious and protracted impairment of, a part of the body or a physical or mental function; or

(c) harm that consists of, or is likely to result in, serious disfigurement.

No. 2. New clause, page 5, after line 18—

After clause 7 insert:

7A—Insertion of section 44A

Before section 45 insert:

44A—Assistance to victims etc

(1) If—

(a) a court intends to—

(i) impose a sentence of community service on a person in respect of an offence; or

(ii) include a condition requiring the performance of community service in a bond imposed on a person in respect of an offence; and

(b) the court is advised by a victim of the offence, or by the prosecution on behalf of a victim of the offence, that the victim would like the defendant to be required to perform community service in accordance with this section,

the court may order that the community service, or a specified number of hours of the community service, consist of projects or tasks—

(c) for the benefit of the victim; or

(d) of a kind requested by the victim.

(2) If a court refuses to make an order under this section, the court should state the reasons for that refusal.

(3) If a court makes an order under this section in relation to a person, the community corrections officer to whom the person is assigned must consult with the victim before issuing any directions requiring the person to perform projects or tasks.

(4) This section does not apply in relation to the performance of community service by a youth.¹

Note—

¹ See Young Offenders Act 1993 section 51(1) which provides that work selected for the performance of community service under that Act must be for the benefit of specified persons and bodies, including the victim of the offence.