CRIMES (LIFE SENTENCES) AMENDMENT ACT 1989 No. 218
NEW SOUTH WALES

TABLE OF PROVISIONS 1. 2. 3. 4. Short title Commencement Amendment of Crimes Act 1900 No. 40 Amendment of Drug Misuse and Trafficking Act 1985 No. 226

SCHEDULE 1 - AMENDMENT OF CRIMES ACT 1900 SCHEDULE 2 - AMENDMENT OF DRUG MISUSE AND TRAFFICKING ACT 1985

CRIMES (LIFE SENTENCES) AMENDMENT ACT 1989 No. 218

NEW SOUTH WALES

Act No. 218,1989 An Act to amend the Crimes Act 1900 and the Drug Misuse and Trafficking Act 1985 in relation to the imposition of life sentences; and for other purposes. [Assented to 21 December 1989]
See also Pruons (Serious Offenders Review Board) Amendment Act 1989; Sentencing (Life Sentences) Amendment Act 1989.

Act No. 218

Crimes (Life Sentences) Amendment 1989 The Legislature of New South Wales enacts: Short title 1. This Act may be cited as the Crimes (Life Sentences) Amendment Act 1989. Commencement 2. This Act commences on a day or days to be appointed by proclamation. Amendment of Crimes Act 1900 No. 40 3. The Crimes Act 1900 is amended as set out in Schedule 1. Amendment of Drug Misuse and Trafficking Act 1985 No. 226 4. The Drug Misuse and Trafficking Act 1985 is amended as set out in Schedule 2.

SCHEDULE 1 - AMENDMENT OF CRIMES ACT 1900 (Sec. 3) (1) Section 12 (Compassing etc deposition of the Sovereign overawing Parliament etc): Omit "life", insert instead "25 years". (2) Section 18 (Murder and manslaughter defined): In section 18 (1) (a), after "life" where lastly occurring, insert "or for 25 years". (3) Section 19 (Murder - punishment): Omit the section. (4) Section 19A Before section 20, insert

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Crimes (Life Sentences) Amendment 1989 SCHEDULE 1 - AMENDMENT OF CRIMES ACT 1900 - continued Punishment for murder 19A (1) A person who commits the crime of murder is liable to penal servitude for life. (2) A person sentenced to penal servitude for life for the crime of murder is to serve that sentence for the term of the person's natural life. (3) Nothing in this section affects the operation of section 442 (which authorises the passing of a lesser sentence than penal servitude for life). (4) This section applies to murder committed before or after the commencement of this sectioa (5) However, this section does not apply where committal proceedings (or proceedings by way of ex officio indictment) for the murder were instituted against the convicted person before the commencement of this section. In such a case, section 19 as in force before that commencement continues to apply. (6) Nothing in this section affects the prerogative of mercy. (5) Section 24 (Manslaughter - punishment): Omit "life", insert instead "25 years". (6) Section 26 (Conspiring to commit murder): Omit "life", insert instead "25 years". (7) Section 27 (Acts done to the person with intent to murder): Omit "life", insert instead "25 years". (8) Section 28 (Acts done to property with intent to murder): Omit "life", insert instead "25 years". (9) Section 29 (Certain other attempts to murder): Omit "life", insert instead "25 years".
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Act No. 218

Crimes (Lip Sentences) Amendment 1989 SCHEDULE 1 - AMENDMENT OF CRIMES ACT 1900 - continued (10) Section 30 (Attempts to murder by other means): Omit "life", insert instead "25 years".

(11) Section 32 (Impeding endeavours to escape shipwreck): Omit "life" where lastly occurring, insert instead "25 years". (12) Section 33 (Wounding etc with intent to do bodily harm or resist arrest): Omit "life", insert instead "25 years". (13) Section 37 (Attempts to choke etc (garrotting)): Omit "life", insert instead "25 years". (14) Section 38 (Using chloroform etc to commit an offence): Omit "life", insert instead "25 years". (15) Section 46 (Causing bodily injury by gunpowder etc): Omit "life", insert instead "25 years". (16) Section 47 (Using etc explosive substance or corrosive fluid
etc):

Omit "life", insert instead "25 years". (17) Section 78H (Homosexual intercourse with male under 10): Omit "life", insert instead "25 years". (18) Section 96 (Same (robbery) with wounding): Omit "life", insert instead "25 years".

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Crimes {Lip Sentences) Amendment 1989 SCHEDULE 1 - AMENDMENT OF CRIMES ACT 1900 - continued (19) Section 98 (Robbery with arms etc and wounding): Omit "life", insert instead "25 years". (20) Section 110 (Breaking, entering and assaulting with intent to murder etc.): Omit "life", insert instead "25 years". (21) Section 198 (Maliciously destroying or damaging property with the intention of endangering life): Omit "life" where lastly occurring, insert instead "25 years". (22) Section 204 (Destruction of, or damage to, an aircraft or vessel with intent or reckless indifference): Omit "life" where lastly occurring, insert instead "25 years". (23) Section 208 (Threatening to destroy etc. an aircraft, vessel or vehicle): From section 208 (3), omit "life", insert instead "25 years". (24) Section 211 (Criminal acts relating to railways): From section 211 (1), omit "life", insert instead "25 years". (25) Section 349 (Punishment of accessories after the fact to murder etc): From section 349 (1), omit "life", insert instead "25 years". (26) Section 431 (Convicted persons not to be liable to death penalty): From section 431 (3), omit "life", insert instead "25 years".

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Act No. 218

Crimes (Life Sentences) Amendment 1989 SCHEDULE 1 - AMENDMENT OF CRIMES ACT 1900 - continued (27) Section 431A After section 431, insertLife sentences 431A (1) This section applies to offences under (a) an Act; or (b) an Imperial Act so far as it applies in New South Wales; or (c) a rule of law. (2) A person is not liable to the punishment of penal servitude for life for any offence to which this section applies except for the offence of murder or for an offence carrying that punishment under the Drug Misuse and Trafficking Act 1985. (3) Where, but for this subsection, no penalty would be provided for an offence to which this section applies that was formerly punishable by penal servitude for life, that offence is punishable by penal servitude for 25 years. (4) This section applies to offences committed before or after the commencement of this section. However, this section does not apply where committal proceedings (or proceedings by way of ex officio indictment) for the offence were instituted against the convicted person before the commencement of this sectioa (5) Any amendment made by the Crimes (Life Sentences) Amendment Act 1989 altering the penalty for an offence under this Act from penal servitude for life to penal servitude for 25 years applies to an offence committed before or after the commencement of the amendment However, the amendment does not apply where committal proceedings (or proceedings by way of ex officio indictment) for the offence were instituted against the convicted person before the commencement of the amendment

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Crimes (Lifz Sentences) Amendment 1989 SCHEDULE 1 - AMENDMENT OF CRIMES ACT 1900 - continued (6) A reference in this section to penal servitude includes a reference lo imprisonment (28) Section 440B (Imposition offineon sentence being deferred or suspended): From section 440B (1), omit "homicide or other offence punishable by penal servitude for life", insert instead "murder". SCHEDULE 2 - AMENDMENT OF DRUG MISUSE AND TRAFFICKING ACT 1985 (Sec. 4) Section 33A After section 33, insert Provisions relating to life sentences 33 A (1) A person sentenced to imprisonment for life for an offence under this Division is to serve that sentence for the term of the person's natural life. (2) Where a person is liable to imprisonment for life for an offence under this Division, the court may nevertheless pass a sentence of imprisonment of fixed duration. (3) This section applies to offences under this Division committed before or after the commencement of this section. However, this section does not apply where committal proceedings (or proceedings by way of ex officio indictment) for the offence were instituted against the convicted person before the commencement of this section. (4) Nothing in this section affects the prerogative of mercy. [Ministefs second reading speech made in Legislative Assembly on 30 November 1989 Legislative Council on 7 December 1989]

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