CRIMES AMENDMENT (SEXUAL OFFENCES AND OTHER MATTERS) ACT 2014 (NO. 74 OF 2014) - SECT 13 Amendment of Schedule 1 to the Criminal Procedure Act 2009

CRIMES AMENDMENT (SEXUAL OFFENCES AND OTHER MATTERS) ACT 2014 (NO. 74 OF 2014) - SECT 13

After clause 4 of Schedule 1 to the Criminal Procedure Act 2009 insert —

        " 4A     Course of conduct charge

    (1)     In this clause—

course of conduct charge is a charge for a relevant offence that involves more than one incident of the offence;

"relevant offence" means—

        (a)     a sexual offence; or

        (b)     an offence under any of the following provisions of the Crimes Act 1958 —

              (i)     Division 2 of Part I (other than sections 75, 75A, 76, 77, 78, 80 and 91);

              (ii)     Division 2AA of Part I;

              (iii)     Division 2A of Part I;

              (iv)     Division 2B of Part I;

              (v)     Subdivision (6) of Division 3 of Part I.

Note

Sexual offence is defined in section 3 by reference to an offence under Subdivision (8A), (8B), (8C), (8D), (8E) or (8EAA) of Division 1 of Part I of the Crimes Act 1958 or under any corresponding previous enactment.

    (2)     More than one incident of the commission of the same relevant offence may be included in a single charge only if—

        (a)     each incident constitutes an offence under the same provision; and

        (b)     for a charge for a sexual offence, each incident relates to the same complainant; and

        (c)     the incidents take place on more than one occasion over a specified period; and

        (d)     the incidents taken together amount to a course of conduct having regard to their time, place or purpose of commission and any other relevant matter.

    (3)     More than one type of act may be alleged in the one charge to prove an element of the offence.

Example

A course of conduct charge for a sexual offence may allege acts of digital penetration as well as acts of penetration with an object.

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    (4)     In subclause (3), "act", in relation to a sexual act, includes—

        (a)     sexual penetration as defined by section 37D of the Crimes Act 1958 ; and

        (b)     touching that is sexual within the meaning of Subdivision (8A) of Division 1 of Part I of the Crimes Act 1958 .

Note

An act for the purposes of subclause (3) is not limited to an act that constitutes an offence inserted by the Crimes Amendment (Sexual Offences and Other Matters) Act 2014 but includes an act that falls within the definition of sexual penetration or touching inserted by section 4 of that Act in the Crimes Act 1958 but is an offence that pre-dates the 2014 Act.

    (5)     The charge must contain a statement that the charge is a course of conduct charge.

    (6)     To avoid doubt, a course of conduct charge is a charge of a single offence.

Note

Because it is a single charge there is no scope for an order to be made under section 193 or 194 for a separate trial of any of the incidents.

    (7)     To avoid doubt, on a course of conduct charge the accused may rely on any exception, exemption, proviso, excuse or qualification that applies to the offence covered by the charge.

    (8)     The prosecution must prove beyond reasonable doubt that the incidents of an offence committed by the accused, taken together, amount to a course of conduct having regard to their time, place or purpose of commission and any other relevant matter.

    (9)     However, to prove a course of conduct offence it is not necessary to prove an incident of the offence with the same degree of specificity as to date, time, place, circumstances or occasion as would be required if the accused were charged with an offence constituted only by that incident.

    (10)     Without limiting subclause (9), it is not necessary to prove—

        (a)     any particular number of incidents of the offence or the dates, times, places, circumstances or occasions of the incidents; or

        (b)     that there were distinctive features differentiating any of the incidents; or

        (c)     the general circumstances of any particular incident.

    (11)     Without limiting clause 1(b), the particulars necessary to give reasonable information as to the nature of a course of conduct charge—

        (a)     must be determined having regard to—

              (i)     the fact that the charge is a course of conduct charge; and

              (ii)     the limitations contained in subclause (2); and

              (iii)     the fact that the various incidents of the offence are alleged to have occurred over a period of time; and

        (b)     need not include particulars of any specific incident of the offence, including its date, time, place, circumstances or occasion; and

        (c)     do not need to distinguish any specific incident of the offence from any other.

    (12)     A charge-sheet that contains a course of conduct charge for a sexual offence must not be filed or signed in accordance with section 6 without the consent of the Director of Public Prosecutions.

    (13)     This clause has effect despite any rule of law to the contrary.".