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This is a Bill, not an Act. For current law, see the Acts databases.
JUVENILE JUSTICE Amendment BILL (NO. 3) 1999
TABLE OF PROVISIONS
1. Short title
2. Commencement
3. Principal Act
4. Interpretation
5. New section:
"53AAA. INCREASE IN DETENTION OR
IMPRISONMENT WHERE VULNERABLE
VICTIM"
6. Appeals from Juvenile Court
7. Application
NORTHERN TERRITORY OF AUSTRALIA
A BILL
for
AN ACT
to amend the Juvenile Justice Act
1. SHORT TITLE
This Act may be cited as the Juvenile Justice Amendment Act (No. 3) 1999.
2. commencement
The provisions of this Act come into operation on the date, or respective dates, fixed by the Administrator by notice in the Gazette.
3. principal Act
The Juvenile Justice Act is in this Act referred to as the Principal Act.
4. interpretation
Section 3 of the Principal Act is amended by inserting in the definition of "mandatory period" in subsection (1) "and includes a mandatory period that is increased under section 53AAA" after "section 53AE(2)".
5. new section
The Principal Act is amended by inserting after section 53 in Division 1 of Part VI the following:
"53AAA. INCREASE IN DETENTION OR IMPRISONMENT WHERE VULNERABLE VICTIM
"(1) In this section, 'victim' has the meaning given in section 106A of the Sentencing Act.
"(2) Where the Court sentences a juvenile to a period of detention or a term of imprisonment, of its own motion or on the application of the prosecutor, the Court may determine that a victim of the offence is a vulnerable victim for the purposes of this section.
"(3) Where the Court makes a determination under subsection (2), the Court must increase by 25% the period of detention or term of imprisonment that but for the determination the Court would have imposed on the juvenile.
"(4) In determining whether a victim of an offence is a vulnerable victim for the purposes of this section, subject to subsection (5), the matters that the Court may consider include —
(b) the relative ages of the victim and the juvenile (but not if the age of the victim is an element of the offence);
(c) the relative physical sizes and strengths of the victim and the juvenile;
(d) the relative physical and mental capacities of the victim and the juvenile; and
(e) the relationship (if any) between the victim and the juvenile.
(b) that the juvenile did not come into contact with a victim at any time during the commission of the offence.
(b) that because of subsection (3) the period of detention or term of imprisonment to be served by the juvenile is greater than the maximum penalty that may be imposed under section 53(1)(g).
"(8) Subject to subsections (9) and (10), the period of detention or term of imprisonment to be served by a juvenile because of subsection (3) is to be calculated in accordance with the following:
(b) that number is to be multiplied by 125%;
(c) if the result contains a fraction of a day, that fraction is to be disregarded.
(b) if the result contains a fraction of a day, that fraction is to be disregarded.
(a) the period of detention that but for the determination under subsection (2) the Court would have imposed is to be expressed as a number of days;
(b) that number is to be multiplied by 125%;
(c) if the result contains a fraction of a day, that fraction is to be disregarded;
(d) the mandatory period that but for the determination under subsection (2) the Court would have imposed is to be multiplied by 125%;
(e) if the result contains a fraction of a day, that fraction is to be disregarded;
(f) the remainder of the period of detention to be served by the juvenile is the difference between the period of detention calculated in accordance with paragraphs (a), (b) and (c) and the mandatory period calculated in accordance with paragraphs (d) and (e).".
"(1) An appeal lies to the Supreme Court from any of the following:
(b) a determination, or a refusal to make a determination, under section 53AAA(2) by the Court.".