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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Crimes (Sentencing Procedure) Amendment
(Family Member Victim Impact Statement)
Bill 2014
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
The object of this Bill is to enable a court on the application of the prosecutor to take a family
victim impact statement into account for sentencing purposes on the basis that the impact of an
offence on the immediate family of a deceased victim is an aspect of harm done to the community.
The Bill overrules the decision in R v Previtera (1997) 94 A Crim R 76 that the impact of the death
of a victim on the victim's family is not relevant to the determination of the offender's sentence.
The Bill does not affect the application of the law of evidence in connection with the use of family
victim impact statements in sentencing.
The Bill also makes it clear that the absence of a family victim impact statement does not give rise
to an inference that an offence had little or no impact on the victim's family.
Outline of provisions
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on a day or days to be appointed
by proclamation.
Schedule 1 Amendment of Crimes (Sentencing Procedure)
Act 1999 No 92
Schedule 1 [1]-[3] make the amendments described in the Overview to the Crimes (Sentencing
Procedure) Act 1999.
b2014-026-20.d08
Crimes (Sentencing Procedure) Amendment (Family Member Victim Impact Statement) Bill 2014 [NSW]
Explanatory note
Schedule 1 [4] requires the Minister to review the amendments described in the Overview 3 years
after their commencement and report to Parliament on the results of the review.
Schedule 1 [5] enacts a transitional provision to extend the amendments described in the
Overview to existing offences and proceedings (unless the court has already convicted the
offender or the offender has already entered a plea of guilty).
Page 2
First print
New South Wales
Crimes (Sentencing Procedure) Amendment
(Family Member Victim Impact Statement)
Bill 2014
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Crimes (Sentencing Procedure) Act 1999 No 92 3
b2014-026-20.d08
New South Wales
Crimes (Sentencing Procedure) Amendment
(Family Member Victim Impact Statement)
Bill 2014
No , 2014
A Bill for
An Act to amend the Crimes (Sentencing Procedure) Act 1999 to make further provision for the
consideration of family member victim impact statements in sentencing.
Crimes (Sentencing Procedure) Amendment (Family Member Victim Impact Statement) Bill 2014 [NSW]
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Crimes (Sentencing Procedure) Amendment (Family Member Victim 3
Impact Statement) Act 2014. 4
2 Commencement 5
This Act commences on a day or days to be appointed by proclamation. 6
Page 2
Crimes (Sentencing Procedure) Amendment (Family Member Victim Impact Statement) Bill 2014 [NSW]
Schedule 1 Amendment of Crimes (Sentencing Procedure) Act 1999 No 92
Schedule 1 Amendment of Crimes (Sentencing Procedure) 1
Act 1999 No 92 2
[1] Section 28 When victim impact statements may be received and considered 3
Omit section 28 (4). Insert instead: 4
(4) A victim impact statement given by a family victim may, on the application of 5
the prosecutor and if the court considers it appropriate to do so, be considered 6
and taken into account by a court in connection with the determination of the 7
punishment for the offence on the basis that the harmful impact of the primary 8
victim's death on the members of the primary victim's immediate family is an 9
aspect of harm done to the community. 10
(4A) Subsection (4) does not affect the application of the law of evidence in 11
proceedings relating to sentencing. 12
[2] Section 28 (6) 13
Insert after section 28 (5): 14
(6) Despite any other provision of this section, a court must not consider or take 15
into account a victim impact statement under this section unless it has been 16
given by or on behalf of the victim to whom it relates or by or on behalf of the 17
prosecutor. 18
[3] Section 29 Victim impact statements discretionary 19
Insert after section 29 (3): 20
(4) The absence of a victim impact statement given by a family victim does not 21
give rise to an inference that an offence had little or no impact on the members 22
of the primary victim's immediate family. 23
[4] Section 107 24
Insert after section 106: 25
107 Review of Crimes (Sentencing Procedure) Amendment (Family Member Victim 26
Impact Statement) Act 2014 27
(1) In this section: 28
family member victim impact statement amendments means the amendments 29
made by the Crimes (Sentencing Procedure) Amendment (Family Member 30
Victim Impact Statement) Act 2014. 31
(2) The Minister is to review the operation of the family member victim impact 32
statement amendments to determine the effect of those amendments. 33
(3) The review required by this section is to be undertaken as soon as possible 34
after the period of 3 years from the commencement of the family member 35
victim impact statement amendments. 36
(4) A report on the outcome of the review required by this section is to be tabled 37
in each House of Parliament within 12 months after the end of the period of 38
3 years. 39
Page 3
Crimes (Sentencing Procedure) Amendment (Family Member Victim Impact Statement) Bill 2014 [NSW]
Schedule 1 Amendment of Crimes (Sentencing Procedure) Act 1999 No 92
[5] Schedule 2 Savings, transitional and other provisions 1
Insert at the end of the Schedule with appropriate Part and clause numbering: 2
Part Provision consequent on Crimes (Sentencing 3
Procedure) Amendment (Family Member Victim 4
Impact Statement) Act 2014 5
Application of amendments 6
The amendments made to section 28 of this Act by the Crimes (Sentencing 7
Procedure) Amendment (Family Member Victim Impact Statement) Act 2014 8
apply to the determination of a sentence for an offence whenever committed, 9
unless: 10
(a) the court has convicted the person being sentenced of the offence, or 11
(b) a court has accepted a plea of guilty and the plea has not been 12
withdrawn, 13
before the commencement of the amendments. 14
Page 4
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