Victorian Bills Victorian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Crimes Amendment (Child Homicide) Bill 2007
TABLE OF PROVISIONS
Clause Page
1 Purpose 1
2 Commencement 2
3 New section 5A inserted in Crimes Act 1958 2
5A Child homicide 2
4 Increased penalty for negligently causing serious injury 2
5 Dangerous driving causing death or serious injury 2
6 New section 610 inserted in Crimes Act 1958 4
610 Transitional provision--Crimes Amendment (Child
Homicide) Act 2007 4
7 Amendments of Acts consequential on creation of new offence
of child homicide 4
8 Statute law revision 6
ENDNOTES 7
561152B.I-4/12/2007 i BILL LA INTRODUCTION 4/12/2007
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Crimes Amendment (Child Homicide)
Bill 2007
A Bill for an Act to amend the Crimes Act 1958 to create a new
offence of child homicide and to increase the maximum penalty for
certain offences, to make consequential amendments to the Children,
Youth and Families Act 2005, the Coroners Act 1985 and the
Sentencing Act 1991 and for other purposes.
The Parliament of Victoria enacts:
1 Purpose
The main purpose of this Act is to amend the
Crimes Act 1958--
(a) to create a new offence of child homicide;
5 and
(b) to increase the maximum penalty for the
offence of negligently causing serious injury;
and
561152B.I-4/12/2007 1 BILL LA INTRODUCTION 4/12/2007
Crimes Amendment (Child Homicide) Bill 2007
s. 2
(c) to split the offence of dangerous driving
causing death or serious injury into separate
offences with different maximum penalties.
2 Commencement
5 This Act comes into operation on the day after the
day on which it receives the Royal Assent.
See:
3 New section 5A inserted in Crimes Act 1958
Act No.
6231.
After section 5 of the Crimes Act 1958 insert--
Reprint No. 19
as at "5A Child homicide
1 December
10 2006 A person who, by his or her conduct, kills a
and child who is under the age of 6 years in
amending
Act Nos circumstances that, but for this section,
16/2004, would constitute manslaughter is guilty of
97/2005,
23/2006, child homicide, and not of manslaughter, and
15 48/2006, liable to level 3 imprisonment (20 years
50/2006,
32/2007 and maximum).".
50/2007.
LawToday:
www.
legislation.
vic.gov.au
4 Increased penalty for negligently causing serious
injury
For the penalty at the foot of section 24 of the
20 Crimes Act 1958 substitute--
"Penalty: Level 5 imprisonment (10 years
maximum).".
5 Dangerous driving causing death or serious injury
(1) In section 319(1) of the Crimes Act 1958--
25 (a) omit ", or serious injury to,";
(b) for "level 6 imprisonment (5 years
maximum)" substitute "level 5
imprisonment (10 years maximum)".
561152B.I-4/12/2007 2 BILL LA INTRODUCTION 4/12/2007
Crimes Amendment (Child Homicide) Bill 2007
s. 5
(2) After section 319(1) of the Crimes Act 1958
insert--
"(1A) A person who, by driving a motor vehicle at
a speed or in a manner that is dangerous to
5 the public having regard to all the
circumstances of the case, causes serious
injury to another person is guilty of an
indictable offence and liable to level 6
imprisonment (5 years maximum).".
10 (3) For section 422A(1) of the Crimes Act 1958
substitute--
"(1) If on the trial of a person charged with an
offence against section 318 (culpable driving
causing death) the jury are not satisfied that
15 he or she is guilty of the offence charged but
are satisfied that he or she is guilty of an
offence against section 319(1) (dangerous
driving causing death), the jury may acquit
the accused of the offence charged and find
20 him or her guilty of the offence against
section 319(1) and he or she is liable to
punishment accordingly.
(1A) If on the trial of a person charged with an
offence against section 24 (negligently
25 causing serious injury) the jury are not
satisfied that he or she is guilty of the
offence charged but are satisfied that he or
she is guilty of an offence against
section 319(1A) (dangerous driving causing
30 serious injury), the jury may acquit the
accused of the offence charged and find him
or her guilty of the offence against section
319(1A) and he or she is liable to
punishment accordingly.".
561152B.I-4/12/2007 3 BILL LA INTRODUCTION 4/12/2007
Crimes Amendment (Child Homicide) Bill 2007
s. 6
6 New section 610 inserted in Crimes Act 1958
After section 609 of the Crimes Act 1958
insert--
"610 Transitional provision--Crimes
5 Amendment (Child Homicide) Act 2007
(1) The amendments of this Act made by the
Crimes Amendment (Child Homicide) Act
2007 apply only to offences alleged to have
been committed on or after the
10 commencement of that Act.
(2) For the purposes of subsection (1) if an
offence is alleged to have been committed
between two dates, one before and one after
the commencement of the Crimes
15 Amendment (Child Homicide) Act 2007,
the offence is alleged to have been
committed before that commencement.".
7 Amendments of Acts consequential on creation of
new offence of child homicide
20 See:
Act No.
(1) In the Children, Youth and Families Act 2005--
96/2005.
Reprint No. 1
(a) in section 356(1), (2)(a), (3) and (4) after
as at "manslaughter," insert "child homicide,";
23 April 2007
and (b) in section 516(1)(b) after "manslaughter,"
amending
Act Nos insert "child homicide,".
97/2005,
23/2006,
24/2006,
51/2006,
81/2006,
24/2007 and
28/2007.
LawToday:
www.
legislation.
vic.gov.au
561152B.I-4/12/2007 4 BILL LA INTRODUCTION 4/12/2007
Crimes Amendment (Child Homicide) Bill 2007
s. 7
(2) In section 17(3)(a)(i) of the Coroners Act 1985, See:
after "manslaughter," insert "child homicide,". Act No.
10257.
Reprint No. 6
as at
16 July 2007
and
amending
Act No.
36/2007.
LawToday:
www.
legislation.
vic.gov.au
(3) In the Crimes Act 1958--
(a) in section 9--
5 (i) after "or of manslaughter" insert "or of
child homicide";
(ii) after "murder or manslaughter" insert
"or child homicide";
(b) in section 10(3)--
10 (i) after "manslaughter" (where first
occurring) insert "or child homicide";
(ii) after "manslaughter" (where secondly
occurring) insert "child homicide";
(c) after section 421(1)(a) insert--
15 "(ab) child homicide;";
(d) in section 423 after "manslaughter" insert
", child homicide";
(e) in section 464P(2)(a) after "manslaughter"
insert ", child homicide";
20 (f) in section 464ZGA(2)(a) after
"manslaughter" insert ", child homicide";
(g) after item 3 of Schedule 8 insert--
"3AA. Child homicide.".
561152B.I-4/12/2007 5 BILL LA INTRODUCTION 4/12/2007
Crimes Amendment (Child Homicide) Bill 2007
s. 8
See: (4) In the Sentencing Act 1991--
Act No.
49/1991. (a) in section 3(1), in the definition of serious
Reprint No. 10 offence, after paragraph (b) insert--
as at
23 April 2007
and
"(baa) child homicide; or";
amending
5 Act Nos (b) after clause 2(b) of Schedule 1 insert--
97/2005,
23/2006, "(baa) child homicide;".
24/2006 and
56/2007.
LawToday:
www.
legislation.
vic.gov.au
8 Statute law revision
In the Children, Youth and Families Act 2005--
(a) in section 356(1), (2)(a), (3) and (4) before
10 "an offence against" (where first occurring)
insert "defensive homicide,";
(b) in section 516(1)(b) before "an offence
against" (where first occurring) insert
"defensive homicide,".
561152B.I-4/12/2007 6 BILL LA INTRODUCTION 4/12/2007
Crimes Amendment (Child Homicide) Bill 2007
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561152B.I-4/12/2007 7 BILL LA INTRODUCTION 4/12/2007
[Index] [Search] [Download] [Related Items] [Help]