New South Wales Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [History] [Help]

CRIMES (SENTENCING PROCEDURE) ACT 1999 - SECT 26

Definitions

26 Definitions

In this Division:
"family victim", in relation to an offence as a direct result of which a primary victim has died, means a person who was, at the time the offence was committed, a member of the primary victim’s immediate family, and includes such a person whether or not the person has suffered personal harm as a result of the offence.
"member of the primary victim’s immediate family" means:

(a) the victim’s spouse, or
(b) the victim’s de facto spouse or same-sex partner, being a person who has cohabited with the victim for at least 2 years, or
(b1) a person to whom the victim is engaged to be married, or
(c) a parent, grandparent, guardian or step-parent of the victim, or
(d) a child, grandchild or step-child of the victim or some other child for whom the victim is the guardian, or
(e) a brother, sister, half-brother, half-sister, step-brother or step-sister of the victim.
"personal harm" means actual physical bodily harm or psychological or psychiatric harm.
"prescribed sexual offence" has the same meaning as it has in the Criminal Procedure Act 1986 .
"primary victim", in relation to an offence, means:
(a) a person against whom the offence was committed, or
(b) a person who was a witness to the act of actual or threatened violence, the sexual offence, the death or the infliction of the physical bodily harm concerned,
being a person who has suffered personal harm as a direct result of the offence.
"victim" means a primary victim or a family victim.
"victim impact statement" means a statement containing particulars of:
(a) in the case of a primary victim, any personal harm suffered by the victim as a direct result of the offence, or
(b) in the case of a family victim, the impact of the primary victim’s death on the members of the primary victim’s immediate family.



[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [History] [Help]