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CRIMINAL LEGISLATION (AMENDMENT) BILL 1992
NEW SOUTH WALES
EXPLANATORY NOTE
(This Explanatory Note relates to this Bill as introduced into Parliament)
objects of this Bill are:
to clarify the meaning of "sexual intercourse" for the purposes of sexual
assault offences; and
to vitiate consent given to an act of sexual intercourse under a mistaken belief
that it was for medical or hygienic purposes; and
to remove time limits on the prosecution of certain sexual offences; and
to make the language of offences relating to acts of indecency consistent; and
to restrict the determination of bail applications by Justices to Justices who are
employees of the Department of Courts Administration; and
to enable a statement tendered as evidence in committal proceedings on a plea
of guilty to be used as evidence in the trial of the defendant if the person who
made the statement is unavailable and the defendant changes the plea to not
guilty; and
to make provision for the reduction of sentences where an offender provides, or
undertakes to provide, assistance to law enforcement authorities; and
to broaden provisions relating to inquiries into the guilt of convicted persons;
and
to enable the offence of taking a conveyance to be dealt with summarily
without the consent of the accused; and
to require a court which is deciding whether to make an apprehended violence
order restricting the defendant's access to his or her residence to consider the
effect of not making the order on the person being protected and any children
living in the residence; and
to enable the Crown to appeal against a sentence where assistance has not been
given to law enforcement authorities as promised; and
to enable a Judge to determine a person's unfitness to plead, and to determine
special hearings, in the place of a jury; and
(m) to make it an offence to climb up or down or jump from buildings and other
structures and risk the safety of any other person; and
(n) to make other necessary consequential amendments to the relevant legislation.
A detailed explanation of each amendment is set out in the Bill after the amendment
concerned.