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SENTENCING AMENDMENT (MANDATORY SENTENCING FOR SERIOUS SEXUAL OFFENCES AGAINST CHILDREN) BILL 2017 BILL 27 OF 2017

                                        FACT SHEET

       Sentencing Amendment (Mandatory Sentencing for Serious Offences Against
                               Children) Bill 2017

The Sentencing Amendment (Mandatory Sentencing for Serious Sexual Offences Against Children) Bill
2017 makes amendments to the Sentencing Act 1997 to introduce mandatory minimum terms
in relation to adult offenders as follows:

       4 years’ imprisonment for the crime of rape (section 185 of the Criminal Code) where a
        victim is under 17 years at the time of the offence.

       4 years’ imprisonment for the crime of maintaining a sexual relationship with a young
        person (section 125A of the Criminal Code) where there are circumstances of
        aggravation and at least one of the unlawful sexual acts is an offence of rape.

       3 years’ imprisonment for the crime of maintaining a sexual relationship with a young
        person (section 125A of the Criminal Code) where there are circumstances of
        aggravation and none of the unlawful sexual acts is an offence of rape.

       2 years’ imprisonment for the crime of sexual intercourse with a young person (section
        124 of the Criminal Code) where there are circumstances of aggravation.

The circumstances of aggravation that attract minimum terms of imprisonment in relation to the
crimes of maintaining a sexual relationship and sexual intercourse with a young person are
outlined in section 11A of the Sentencing Act 1997.

The amendments do not require courts to impose mandatory minimum sentences in relation to
offenders who are under the age of 18 years at the time the offence was committed or offenders
who have impaired mental functioning that is causally linked to the offence.

The Bill also provides the following additional safeguards in relation to the introduction of
mandatory minimum sentences including:

       the court retains a discretion not to impose the mandatory minimum term of
        imprisonment where there are exceptional circumstances in relation to the offence or
        the offender;

       the introduction of the mandatory minimum term of imprisonment operates as a
        sentencing floor and does not inflate all sentences in relation to an offence; and

       the court may make an order for parole eligibility of an offender to whom a mandatory
        minimum term of imprisonment applies in accordance with the existing parole
        framework.




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