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Report Details


Committee Name:

Legislation Committee (1989 - 2001)

House:

Legislative Council
Report Type:Report

Title:

Sentencing Matrix Bill 1999
Report No:53
No of Pages:155 (Main Report) plus 6 (Minority Report)
Physical Location:Legislative Council Committee Office

Presentation Date:

10/18/2000


Click here to view the report
Click here to view the minority report


Hide details for Executive Summary and RecommendationsExecutive Summary and Recommendations

Executive Summary

The intent of the Bill, as stated by the Attorney General, Hon Peter Foss QC MLC, in his second reading speech in the Legislative Council:

“… is to provide a clear, consistent sentencing regime that the public will be able to understand; make the courts more accountable and consistent in sentencing; and give Parliament more control over the sentences that will be imposed, particularly for offences seen as of especial aggravation to the community.”

The principal change contained in the Bill is the introduction of what the Attorney General, has called a sentencing matrix.

On May 27 1999, the Legislative Council referred the Bill to the Committee for consideration and report. Following prorogation the Bill was referred again to the Committee on August 11 1999. Following further prorogation on August 4 2000 the Bill was referred again to the Committee on August 17 2000. The Legislative Council set no reporting date.

Recommendations

Recommendation 1
The Committee recommends that proposed Division 1, Part 14A in clause 4 of the Bill be supported.

There was dissent from Recommendation 1.

Recommendation 2
The Committee recommends that proposed Division 2, Part 14A in clause 4 of the Bill be supported.

There was dissent from Recommendation 2.

Recommendation 3
The Committee recommends that proposed section 101K(7) in clause 4 of the Bill be amended by inserting after the words “as if enacted in this Act” the words “and not otherwise”.

Recommendation 4
The Committee recommends that the phrase “show cause” in proposed section 101N be clarified.

Recommendation 5
Subject to Recommendations 3 and 4, the Committee recommends that proposed Division 3, Part 14A in clause 4 of the Bill be supported.

There was dissent from Recommendation 5.

Recommendation 6
The Committee recommends that the table immediately following proposed section 101R(9) in clause 4 of the Bill be deleted.

There was dissent from Recommendation 6.

Recommendation 7
The Committee recommends that proposed Division 4, Part 14A in clause 4 of the Bill be supported.

There was dissent from Recommendation 7.

Recommendation 8
The Committee recommends that proposed Division 5, Part 14A in clause 4 of the Bill be supported.

There was dissent from Recommendation 8.

Recommendation 9
The Committee recommends that clauses 5 to 8 of the Bill be supported.

There was dissent from Recommendation 9.