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CRIMES (HOME INVASION) AMENDMENT BILL 1994
NEW SOUTH WALES
EXPLANATORY NOTE
(This Explanatory Note relates to this Bill as introduced into Parliament)
The object of this Bill is to amend the Crimes Act 1900 in relation to housebreaking
(including burglary), robbery and associated crimes. The Bill creates additional offences
(and increased penalties) when crimes of these kinds involve invasive or violent
activities.
Clause 1 specifies the short title of the proposed Act.
Clause 2 provides that the proposed Act will commence on a day or days appointed
by the Governor by proclamation published in the Gazette.
Clause 3 is a formal provision giving effect to the Schedule of amendments.
SCHEDULE l--AMENDMENTS
Aggravated housebreaking (including burglary) and associated crimes
The Bill creates a series of aggravated offences that parallel existing offences of
housebreaking (including burglary), and breaking and entering certain other premises,
including places of worship. An aggravated offence occurs when the offence is
committed in "circumstances of aggravation". These circumstances involve any of the
following:
(a) being armed with an offensive weapon or instrument;
(b) being in the company of another person or persons;
(c) using corporal violence;
(d) inflicting actual bodily harm;
(e) depriving a person of liberty.
An aggravated offence attracts a maximum penalty of 14 years penal servitude if the
basic offence attracts a maximum penalty of 10 years, or a maximum penalty of 20
years penal servitude if the basic offence attracts a maximum penalty of 14 years.
See Schedule 1 (7), (8), (9), (10), (1 1) (b), (l 2), (13).
Specially aggravated housebreaking (including burglary) and associated crimes
The Bill creates a series of specially aggravated offences that parallel the aggravated
offences of housebreaking (including burglary), and breaking and entering certain other
premises, including places of worship. A specially aggravated offence occurs when the
offence is committed in "circumstances of special aggravation". These circumstances
involve either of the following:
(a) wounding or inflicting grievous bodily harm;
(b) being armed with a firearm or other dangerous weapon.
A specially aggravated offence attracts a maximum penalty of 20 years penal
servitude if the aggravated offence attracts a maximum penalty of 14 years, or a
maximum penalty of 25 years penal servitude if the aggravated offence attracts a
maximum penalty of 20 years.
See Schedule 1 (7), (8), (9), (10), (1 1) (b), (12), (13).
Entering dwellings
The Bill removes the night element of the offence under section 111 of the Crimes
Act 1900 of entering a dwelling at night (ie between 9pm and 6am) with intent to
commit felony.
See Schedule 1 (11) (a).
Aggravated robbery
The Bill extends the existing crime of robbery with striking (section 95 of the Crimes
Act 1900) to cover the infliction of actual bodily harm and the deprivation of liberty.
See Schedule 1 (3).
Robbery with wounding
The Bill specifically extends the existing crime of robbery with wounding (under
section 96 of the Crimes Act 1900) to cover the infliction of grievous bodily harm.
See Schedule 1 (4).
Aggravated robbery with firearms and certain other weapons
The Bill creates an aggravated offence of robbery while armed with a firearm or
other dangerous weapon, which parallels an existing offence (under section 97 of the
Crimes Act 1900). The aggravated offence attracts a maximum penalty of 25 years penal
servitude.
See Schedule 1 (5).
Robbery in company
The Bill alters the existing crime of robbery in company with a person armed with an
offensive weapon or instrument (under section 98 of the Crimes Act 1900) so that it
covers robbery in company with any person (whether or not armed).
See Schedule 1 (6).
Firearms and other dangerous weapons
The Bill inserts a definition of "dangerous weapon", which means a firearm (as
defined in the Firearms Act 1989), or a prohibited weapon or prohibited article (within
the meaning of the Prohibited Weapons Act 1989), or a spear gun. This definition is
used in provisions being inserted by the Bill. Amendments are also made to ensure that
existing references in the Crimes Act 1900 to weapons or offensive weapons extend to
dangerous weapons as so defined.
See Schedule 1 (2).
Machinery and consequential amendments
The Bill makes machinery and consequential amendments, including provisions
enabling the jury to convict of a lesser offence in cases where circumstances of
aggravation are alleged.
See Schedule 1 (l), (5), (14), (15), (16).