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, mental illness or nervous shock.
"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 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]