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CRIMINAL CODE AMENDMENT (MANDATORY SENTENCES FOR CERTAIN ASSAULTS) BILL 2009

Serial 87
Criminal Code Amendment (Mandatory Sentences for Certain Assaults) Bill 2009
Mr Mills

A Bill for an Act to amend the Criminal Code

NORTHERN TERRITORY OF AUSTRALIA

CRIMINAL CODE AMENDMENT (MANDATORY SENTENCES FOR CERTAIN ASSAULTS) ACT 2009

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Act No. [ ] of 2009

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Table of provisions

NORTHERN TERRITORY OF AUSTRALIA

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Act No. [ ] of 2009

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An Act to amend the Criminal Code

[Assented to [ ] 2009]

[Second reading [ ] 2009]

The Legislative Assembly of the Northern Territory enacts as follows:

1 Short title

This Act may be cited as the Criminal Code Amendment (Mandatory Sentences for Certain Assaults) Act 2009.

2 Act amended

This Act amends the Criminal Code.

3 Amendment of section 188 (Common assault)

(1) After section 188(2)

insert

(2A) If the person assaulted is a prescribed person and the assault happens when the prescribed person is acting in the execution of his or her duty as a prescribed person, the court that convicts the offender must make an order sentencing the offender as follows:

(a) if the prescribed person did not suffer harm or serious harm – to a mandatory period of imprisonment for the offence of at least 1 month;

(b) if the prescribed person suffered harm but not serious harm – to a mandatory period of imprisonment for the offence of at least 3 months;

(c) if the prescribed person suffered serious harm – to a mandatory period of imprisonment for the offence of at least 6 months.

(2) After section 188(3)

insert

(4) In this section:

prescribed person means any of the following:

(a) a person mentioned in subsection (2)(f) who is a public sector employee or is acting in aid of a public sector employee;

(b) a health practitioner as defined in the Health Practitioners Act who is, at the time of the assault, acting in the execution of his her duties as a health practitioner;

(c) an ambulance officer or another person in another recognised paramedical capacity (whether the officer or person is paid for his or her services or is a volunteer) who is, at the time of the assault, acting in the execution of his or her duties as an ambulance officer or in the other recognised paramedical capacity;

(d) a person mentioned in subsection (2)(fa).

4 Amendment of section 189A (Assaults on police)

After section 189A(2)

insert

(3) Despite subsection (1) or (2), the court that convicts the offender must make an order sentencing the offender as follows:

(a) if the police officer did not suffer harm or serious harm – to a mandatory period of imprisonment for the offence of at least 1 month;

(b) if the police officer suffered harm but not serious harm – to a mandatory period of imprisonment for the offence of at least 3 months;

(c) if the police officer suffered serious harm – to a mandatory period of imprisonment for the offence of at least 6 months.

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