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Crimes (Sentencing Procedure) Amendment (Life Sentences) Bill 2008 No , 2008 A Bill for An Act to amend the Crimes (Sentencing Procedure) Act 1999 with respect to applications for redeterminations of existing life sentences.
Clause 1 Crimes (Sentencing Procedure) Amendment (Life Sentences) Bill 2008 The Legislature of New South Wales enacts: 1 1 Name of Act 2 This Act is the Crimes (Sentencing Procedure) Amendment (Life 3 Sentences) Act 2008. 4 2 Commencement 5 This Act commences on the date of assent to this Act. 6 3 Amendment of Crimes (Sentencing Procedure) Act 1999 No 92 7 The Crimes (Sentencing Procedure) Act 1999 is amended as set out in 8 Schedule 1. 9 4 Repeal of Act 10 (1) This Act is repealed on the day following the day on which this Act 11 commences. 12 (2) The repeal of this Act does not, because of the operation of section 30 13 of the Interpretation Act 1987, affect any amendment made by this Act. 14 Page 2
Crimes (Sentencing Procedure) Amendment (Life Sentences) Bill 2008 Amendments Schedule 1 Schedule 1 Amendments 1 (Section 3) 2 [1] Schedule 1 Existing life sentences 3 Omit "any direction under clause 6" from clause 2 (1). 4 Insert instead "clauses 6 and 6A (2)". 5 [2] Schedule 1, clause 2A 6 Insert after clause 2: 7 2A Restriction on number of further applications by offender for 8 determination of non-parole periods 9 (1) This clause applies only in relation to an application referred to 10 in clause 2 (1) made by an offender on or after 17 June 2008. It 11 does not apply in relation to any such application made by an 12 offender before that date (including an application that was made 13 but not finally disposed of before that date). 14 (2) An offender may not make more than one application referred to 15 in clause 2 (1). 16 (3) If, in disposing under clause 4 of an application referred to in 17 clause 2 (1), the Supreme Court declines to set a specified term 18 for an existing life sentence or to set a non-parole period for the 19 sentence, the offender who made the application is to serve the 20 existing life sentence for the term of his or her natural life. 21 (4) An application referred to in clause 2 (1) that is made by an 22 offender and duly withdrawn is not to be counted as an 23 application made by the offender for the purposes of subclause 24 (2). 25 (5) This clause has effect despite any other provision of this 26 Schedule. 27 [3] Schedule 1, clause 6 (1A) 28 Insert before clause 6 (1): 29 (1A) This clause applies only in relation to an application referred to 30 in clause 2 (1) that was made by an offender but not finally 31 disposed of before 17 June 2008. It does not apply in relation to 32 an application referred to in clause 2 (1) that was made by an 33 offender on or after that date. 34 Page 3
Crimes (Sentencing Procedure) Amendment (Life Sentences) Bill 2008 Schedule 1 Amendments [4] Schedule 1, clause 6A 1 Insert after clause 6: 2 6A Leave required for withdrawal of application and re-application 3 (1) An application referred to in clause 2 (1) may be withdrawn by 4 the offender who made the application, but only with the leave of 5 the Supreme Court. 6 (2) If the Supreme Court grants leave to withdraw an application 7 referred to in clause 2 (1): 8 (a) the offender who made the application may not make a 9 further application referred to in clause 2 (1) without the 10 leave of the Court, and 11 (b) if the Court so directs, the offender may not make the 12 further application for a specified period of time. 13 (3) In considering whether to grant leave to withdraw an application, 14 or to make a further application, referred to in clause 2 (1), the 15 Supreme Court must have regard to and give substantial weight 16 to the number of times the offender has previously withdrawn 17 any application referred to in clause 2 (1). 18 (4) Subclause (3) does not limit the matters to which the Supreme 19 Court may have regard in deciding whether or not to grant leave 20 to withdraw an application, or to make a further application, 21 referred to in clause 2 (1). 22 (5) No appeal lies against the decision of the Supreme Court on an 23 application for leave under subclause (1). 24 (6) An application referred to in clause 2 (1) that is withdrawn cannot 25 be restored. 26 (7) If the Supreme Court declines to grant an application for leave 27 under subclause (2) (a), the offender is to serve the existing life 28 sentence the subject of the application for the term of his or her 29 natural life. 30 [5] Schedule 1, clause 7 (5) 31 Insert after clause 7 (4): 32 (5) In considering an application referred to in clause 2 (1) that is 33 made on or after 17 June 2008, or that was made before that date 34 but not finally disposed of before the commencement of the 35 Crimes (Sentencing Procedure) Amendment (Life Sentences) Act 36 2008, the Supreme Court must have regard to and give substantial 37 weight to the following: 38 Page 4
Crimes (Sentencing Procedure) Amendment (Life Sentences) Bill 2008 Amendments Schedule 1 (a) the level of culpability of the offender in the commission 1 of the offence for which the sentence was imposed, 2 (b) the heinousness of the offence. 3 [6] Schedule 1, clause 8 (1) (b) and (c) 4 Omit clause 8 (1) (b). Insert instead: 5 (b) a direction by the Supreme Court under clause 6 (1) or 6 6A (2) (b), or 7 (c) a decision of the Supreme Court on an application for leave 8 under clause 6A (2) (a). 9 [7] Schedule 1, clause 8 (2) and (3) 10 Omit clause 8 (2). Insert instead: 11 (2) The Criminal Appeal Act 1912 applies: 12 (a) to an appeal referred to in subclause (1) (a) or (b), in the 13 same way as it applies to an appeal against a sentence, and 14 (b) to an appeal referred to in subclause (1) (c), in the same 15 way as it applies to an appeal against an interlocutory 16 judgment or order. 17 (3) If the Court of Criminal Appeal allows an appeal against the 18 decision of the Supreme Court to refuse an application for leave 19 under clause 6A (2) (a), the Court of Criminal Appeal may 20 exercise the jurisdiction of the Supreme Court to determine the 21 further application referred to in clause 2 (1). 22 [8] Schedule 2 Savings, transitional and other provisions 23 Insert at the end of clause 1 (1): 24 Crimes (Sentencing Procedure) Amendment (Life Sentences) Act 25 2008 26 Page 5
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