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This is a Bill, not an Act. For current law, see the Acts databases.
Crimes Amendment (Murder of Police
Officers) Bill 2011
No , 2011
A Bill for
An Act to amend the Crimes Act 1900 with respect to mandatory life sentences for
the murder of police officers.
Clause 1 Crimes Amendment (Murder of Police Officers) Bill 2011
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Crimes Amendment (Murder of Police Officers) 3
Act 2011. 4
2 Commencement 5
This Act commences on the date of assent to this Act. 6
3 Amendment of Crimes Act 1900 No 40 7
Section 19B 8
Insert after section 19A: 9
19B Mandatory life sentences for murder of police officers 10
(1) A court is to impose a sentence of imprisonment for life for 11
the murder of a police officer if the murder was committed: 12
(a) while the police officer was executing his or her 13
duty, or 14
(b) as a consequence of, or in retaliation for, actions 15
undertaken by that or any other police officer in the 16
execution of his or her duty, 17
and if the person convicted of the murder: 18
(c) knew or ought reasonably to have known that the 19
person killed was a police officer, and 20
(d) intended to kill the police officer or was engaged in 21
criminal activity that risked serious harm to police 22
officers. 23
(2) A person sentenced to imprisonment for life under this 24
section is to serve the sentence for the term of the person's 25
natural life. 26
(3) This section does not apply to a person convicted of 27
murder: 28
(a) if the person was under the age of 18 years at the 29
time the murder was committed, or 30
(b) if the person had a significant cognitive impairment 31
at that time (not being a temporary self-induced 32
impairment). 33
(4) If this section requires a person to be sentenced to 34
imprisonment for life, nothing in section 21 (or any other 35
provision) of the Crimes (Sentencing Procedure) Act 1999 36
Page 2
Crimes Amendment (Murder of Police Officers) Bill 2011 Clause 3
or in any other Act or law authorises a court to impose a 1
lesser or alternative sentence. 2
(5) Nothing in this section affects the obligation of a court to 3
impose a sentence of imprisonment for life on a person 4
convicted of murder in accordance with section 61 of the 5
Crimes (Sentencing Procedure) Act 1999. 6
(6) Nothing in this section affects the prerogative of mercy. 7
(7) This section applies to offences committed after the 8
commencement of this section. 9
Page 3
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