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CRIMES (SENTENCING PROCEDURE) ACT 1999 - SECT 26 Definitions

CRIMES (SENTENCING PROCEDURE) ACT 1999 - SECT 26

Definitions

26 Definitions

In this Division--


"closed-circuit television arrangements" means the arrangements for giving evidence provided for by section 294B or Division 4 of Part 6 of Chapter 6 of the Criminal Procedure Act 1986 .


"family victim" means any of the following persons, whether or not the person suffered personal harm as a result of the offence--

(a) in relation to an offence as a direct result of which a primary victim has died--a person who was, at the time the offence was committed, a member of the primary victim's immediate family,
(b) in relation to an offence committed against a primary victim who was pregnant at the time the offence was committed and as a result of which the foetus was lost, regardless of the gestational age of the foetus--a person who was, at the time the offence was committed, a member of the primary victim's immediate family, whether or not the primary victim died.

"member of the primary victim's immediate family" means any of the following--
(a) the victim's spouse,
(b) the victim's de facto partner,
Note : "De facto partner" is defined in section 21C of the Interpretation Act 1987 .
(c) a person to whom the victim is engaged to be married,
(d) a parent, step-parent or guardian of the victim,
(e) a grandparent or step-grandparent of the victim,
(f) a child or step-child of the victim or some other child for whom the victim is the guardian,
(g) a grandchild or step-grandchild of the victim,
(h) a brother, sister, half-brother, half-sister, step-brother or step-sister of the victim,
(i) an aunt, uncle, niece or nephew of the victim,
(j) in the case of a victim who is an Aboriginal person or a Torres Strait Islander--a person who is or has been part of the close family or kin of the victim according to the Indigenous kinship system of the victim's culture,
(k) any person who the prosecutor is satisfied is a member of the victim's extended family or culturally recognised family to whom the victim is or was close,
(l) any person who the prosecutor is satisfied is a person with whom the victim had a close relationship analogous to a family relationship, or whom the victim considered to be family.

"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" has the meaning given by section 28 (1) and (2).