Public Order Offences
Riot Under section 93B of the Crimes Act 1900, it is a criminal offence to be a participant in a riot. Under this section, a riot is said to be where 12 or more persons who are present together use or threaten unlawful violence for a common purpose and the conduct of them (taken together) is such as would cause a person of reasonable firmness present at the scene to fear for his or her personal safety. The legislation also notes the following: The 12 or more persons do not have to use or threaten violence simultaneously for it to be classified as a riot; The common purpose of the group can be inferred from the conduct of the group taken as a whole; A person of reasonable firmness does not have to be present at the scene for it to be classified as a riot; A riot can be committed in both public and private places. Maximum Penalty: Offence Maximum penalty that can be imposed by the Local Court Maximum penalty that can be imposed by the District Court Riot 2 years imprisonment and/or $11,000 fine 15 years imprisonment Affray Under section 93C of the Crimes Act 1900, an affray of committed when a person who uses or threatens unlawful violence towards another and whose conduct is such as would cause a person of reasonable firmness present at the scene to fear for his or her personal safety. The legislation also notes the following: If 2 of more people use or threaten violence, it is the conduct of them taken together that must be considered to determine whether there was an affray; Under this section, a ‘threat’ cannot be made by words alone; No person of reasonable firmness need actually be, or be likely to be, present at the scene for an affray to take place; An affray can be committed in both public and private places. Maximum Penalty: Offence Maximum penalty that can be imposed by the Local Court Maximum penalty that can be imposed by the District Court Affray 2 years imprisonment and/or $11,000 fine 10 years imprisonment
Kidnapping Offences
Kidnapping Under section 86 of the Crimes Act 1900, a kidnapping is defined as an offence that involves taking or detaining a person for ransom, with the intention of committing a serious indictable offence or with the intention of obtaining any advantage. Maximum Penalty: Offence Maximum penalty that can be imposed by the Local Court Maximum penalty that can be imposed by the District Court Maximum penalty that can be imposed by the Supreme Court Taking and detaining a person for ransom Not applicable 14 years imprisonment 14 years imprisonment Taking and detaining a person with the intent of committing a serious indictable offence Not applicable 14 years imprisonment 14 years imprisonment Taking and detaining a person with the intent of obtaining an advantage Not applicable 14 years imprisonment 14 years imprisonment Taking and detaining a person in company for ransom Not applicable 20 years imprisonment 20 years imprisonment Taking and detaining a person in company with the intent of committing a serious indictable offence Not applicable 20 years imprisonment 20 years imprisonment Taking and detaining a person in company with the intent of obtaining an advantage Not applicable 20 years imprisonment 20 years imprisonment Taking and detaining a person for ransom and occasioning actual bodily harm to that person Not applicable 20 years imprisonment 20 years imprisonment Taking and detaining a person with the intent of committing a serious indictable offence and occasioning actual bodily harm to that person Not applicable 20 years imprisonment 20 years imprisonment Taking and detaining a person with the intent of obtaining an advantage and occasioning actual bodily harm to that person Not applicable 20 years imprisonment 20 years imprisonment Taking and detaining a person in company for ransom and occasioning actual bodily harm to that person Not applicable 25 years imprisonment 25 years imprisonment Taking and detaining a person in company with the intent of committing a serious indictable offence and occasioning actual bodily harm to that person Not applicable 25 years imprisonment 25 years imprisonment Taking and detaining a person in company with the intent of obtaining an advantage and occasioning actual bodily harm to that person Not applicable 25 years imprisonment 25 years imprisonment Child Abduction Definition: Under Section 87 of the Crimes Act 1900, it is a criminal offence for a person to take or detain a child under the age of 12 with the intention of removing or keeping the child from the lawful control of any person with parental responsibility for the child, without that person’s consent, or to take or detain a child with the intention of stealing from the child. Maximum Penalty: Offence Maximum penalty that can be imposed by the Local Court Maximum penalty that can be imposed by the District Court Maximum penalty that can be imposed by the Supreme Court Take/detain a child with the intent of removing the child from any person having parental responsibility for the child Not applicable 10 years imprisonment Not applicable Take/detain a child with intent to steal from the child Not applicable 10 years imprisonment Not applicable
Sexual Offences
Sexual Assault Under section 61 of the Crimes Act 1900, it is a criminal offence to have sexual intercourse with a person without the consent of the other person, knowing that the other person does not consent to the sexual intercourse. Under the legislation “sexual intercourse” is defined as: The penetration to any extent of the genitalia or anus of a person by any body part of another person or using any object manipulated by another person; The introduction of the genitalia of a person into the mouth of another person; The application of the mouth or tongue to the female genitalia. Maximum Penalty: This offence carries a maximum penalty of 14 years imprisonment and a standard non-parole period of 7 years imprisonment. Aggravated Sexual Assault Under section 61J of the Crimes Act 1900, aggravated sexual assault occurs when sexual assault (as defined in Section 61I of the Crimes Act 1900) is committed in circumstances of aggravation. Under this section, circumstances of aggravation can include the following: at the time of, or immediately before or after, the commission of the offence, the accused person intentionally or recklessly inflicts actual bodily harm on the victim or any other person who is present or nearby, or at the time of, or immediately before or after, the commission of the offence, the accused person threatens to inflict actual bodily harm on the victim or any other person who is present or nearby by means of an offensive weapon or instrument, or at the time of, or immediately before or after, the commission of the offence, the accused person threatens to inflict grievous bodily harm or wounding on the victim or any other person who is present or nearby, or the accused person is in the company of another person or persons, or the victim is under the age of 16 years, or the victim is (whether generally or at the time of the commission of the offence) under the authority of the accused person, or the victim has a serious physical disability, or the victim has a cognitive impairment, or the accused person breaks and enters into any dwelling-house or other building with the intention of committing the offence or any other serious indictable offence, or the accused person deprives the victim of his or her liberty for a period before or after the commission of the Maximum Penalty: The maximum penalty for aggravated sexual assault is the same in all circumstances of aggravation. The maximum penalty is 20 years imprisonment with a standard non-parole period of 10 years imprisonment. Aggravated Sexual Assault in Company Under section 61JA of the Crimes Act 1900, aggravated sexual assault in company occurs when sexual assault (as defined in Section 61I of the Crimes Act 1900) is committed in circumstances of aggravation and in company of one or more people. Under this section, circumstances of aggravation can include the following: If the offender, immediately before or after, the commission of the offence, intentionally or recklessly inflicts actual bodily harm on the victim or any other person who is present or nearby, or If the offender, immediately before or after, the commission of the offence, threatens to inflict actual bodily harm on the complainant or any other person who is present or nearby by means of an offensive weapon or instrument, or If the offender deprives the complainant of his or her liberty for a period before or after the commission of the offence. Maximum Penalty: The maximum penalty for aggravated sexual assault in company is the same in all circumstances of aggravation. The maximum penalty is life imprisonment imprisonment with a standard non-parole period of 15 years imprisonment. Sexual Touching Under section 61KC of the Crimes Act 1900, it is a criminal offence to sexually touch another person, knowing that the other person does not consent. Under the legislation, the following conduct would amount to sexual touching: If the offender sexually touches another person without their consent; If the offender incites the victim to sexually touch them; If the offender incites another person to sexually touch the victim without their consent; If the offender incites the victim to sexually touch another person. Maximum Penalty: The maximum penalty is the same for all instances of sexual touching without consent (not in circumstances of aggravation). The maximum penalty in the Local Court is 2 years imprisonment and/or a $5,500 fine, and in the District Court, it is 5 years imprisonment. Aggravated Sexual Touching Under section 61KD of the Crimes Act 1900, aggravated sexual touching occurs when sexual touching (as defined in Section 61KC of the Crimes Act 1900) is committed in circumstances of aggravation. Under this section, circumstances of aggravation can include the following: the accused person is in the company of another person or persons during the sexual touching; the victim is (whether generally or at the time of the commission of the offence) under the authority of the accused person; the victim has a serious physical disability; the victim has a cognitive impairment. Maximum Penalty: The maximum penalty is the same for all instances of aggravated sexual touching without consent. The maximum penalty in the Local Court is 2 years imprisonment and/or a $11,000 fine, and in the District Court, it is 7 years imprisonment with a standard non-parole period of 7 years imprisonment. Carrying out a sexual act with or towards another Under section 61KE of the Crimes Act 1900, a person commits a criminal offence if they, without the consent of another person (the victim), and knowing that the victim does not consent, intentionally carries out a sexual act with or towards the victim. Under the legislation, the following would amount to a sexual act: Carrying out a sexual act with or towards another person without their consent; Inciting the victim to carry out a sexual act with or towards you; Inciting a third person to carry out a sexual act with or towards the victim; Inciting the victim to carry out a sexual act with or towards a third person. Under the legislation, a “sexual act” means an act (other than sexual touching) carried out in circumstances where a reasonable person would consider the act to be sexual. Maximum Penalty: The maximum penalty is
Assault
Common Assault Under section 61 of the Crimes Act 1900, it is a criminal offence to assault a person, although not occasioning actual bodily harm. The term “Common Assault” is not defined under the legislation, however, generally occurs when a person, intentionally or recklessly, inflicts unlawful force on another person, or makes threats of immediate violence, causing the victim to fear imminent harm. Maximum Penalty: The maximum penalty for common assault in the Local Court is 2 years imprisonment and/or a $5,500 fine, and in the District Court, it is 2 years imprisonment. Assault Occasioning Actual Bodily Harm (ABH) Under section 59 of the Crimes Act 1900, an assault occasioning actual bodily harm occurs when a person unlawfully assaults another, causing actual bodily harm. Actual bodily harm includes any injury that is more than transient or trifling (e.g., bruises, cuts) but does not extend to causing permanent disfigurement, serious injury, or bodily disease. Maximum Penalty: Offence Maximum penalty that can be imposed by the Local Court Maximum penalty that can be imposed by the District Court Assault occasioning actual bodily harm 2 years imprisonment and/or $5,500 fine 5 years imprisonment Actual bodily harm whilst in company of others 2 years imprisonment and/or $5,500 fine 7 years imprisonment Assaults and other actions against police officer Under section 60 of the Crimes Act 1900, it is a criminal offence to assault, hinder or resist a police officer in the execution of the officer’s duties. Maximum Penalty: Offence Maximum penalty that can be imposed by the Local Court Maximum penalty that can be imposed by the District Court Standard non-parole period Hinder/rest a police officer in the execution of their duties 12 months imprisonment and/or $2,200 fine Not applicable Not applicable Assault/harass/intimidate/stalk police officer in the execution of their duties 2 years imprisonment and/or $5,500 fine 5 years imprisonment Not applicable Assault/harass/intimidate/stalk police officer in the execution of their duties during a public disorder 2 years imprisonment and/or $5,500 fine 7 years imprisonment Not applicable Assault and cause Actual Bodily Harm to a police officer in the execution of their duties 2 years imprisonment and/or $11,000 fine 7 years imprisonment 3 years imprisonment Assault and cause Actual Bodily Harm to a police officer in the execution of their duties during public disorder 2 years imprisonment and/or $11,000 fine 9 years imprisonment Not applicable Assault and cause grievous bodily harm to a police officer in the execution of their duties Not applicable 12 years imprisonment 5 years imprisonment Assault and cause grievous bodily harm to a police officer in the execution of their duties during public disorder Not applicable 14 years imprisonment Not applicable Murdering a police officer in the execution of their duties Not applicable Mandatory life sentence (term of persons natural life) Not applicable Reckless Grievous Bodily Harm or Wounding Under section 35 of the Crimes Act 1900, it is a criminal offence to recklessly inflicting grievous bodily harm (GBH) or wounding another person. Wounding is not defined under the legislation, however, means the breaking open of the skin and involves more than a scratch, scrape or bruise. Grievous bodily harm is defined under the legislation as meaning: The destruction (other than in the course of a medical procedure) of the foetus of a pregnant women, whether or not the woman suffers any harm, or Any permanent or serious disfigurement of a person, or Causing another person to contract any grievous bodily disease. Maximum Penalty: Offence Maximum penalty that can be imposed by the Local Court Maximum penalty that can be imposed by the District Court Standard non-parole period Recklessly inflict grievous bodily harm 2 years imprisonment and/or $11,000 fine 10 years imprisonment 4 years imprisonment Recklessly inflict grievous bodily harm in company 2 years imprisonment and/or $11,000 fine 14 years imprisonment 5 years imprisonment Recklessly wound another 2 years imprisonment and/or $11,000 fine 7 years imprisonment 3 years imprisonment Recklessly wound another in company 2 years imprisonment and/or $11,000 fine 10 years imprisonment 4 years imprisonment Wounding or Grievous Bodily Harm with Intent Under section 33 of the Crimes Act 1900, a person commits a criminal offence if they cause grievous bodily harm (GBH) or wounding to another person with an intent to cause that harm. Wounding is not defined under the legislation, however, means the breaking open of the skin and involves more than a scratch, scrape or bruise. Grievous bodily harm is defined under the legislation as meaning: The destruction (other than in the course of a medical procedure) of the foetus of a pregnant women, whether or not the woman suffers any harm, or Any permanent or serious disfigurement of a person, or Causing another person to contract any grievous bodily disease. Maximum Penalty: Offence Maximum penalty that can be imposed by the District Court Maximum penalty that can be imposed by the Supreme Court Standard non-parole period Wound another person with an intent to cause grievous bodily harm Not applicable 25 years imprisonment 7 years imprisonment Cause grievous bodily harm to another person with intent to cause grievous bodily harm Not applicable 25 years imprisonment 7 years imprisonment Wound another person with intent to resist arrest Not applicable 25 years imprisonment 7 years imprisonment Cause grievous bodily harm to another person with intent to resist arrest Not applicable 25 years imprisonment 7 years imprisonment
Homicide
Murder Under section 18(1)(a) of the Crimes Act 1900, it is a criminal offence to commit murder. Murder is defined under this section as being a voluntary and unlawful act or omission of the accused which causes the death of another person, and that act or omission is committed: With an intent to inflict grievous bodily harm, or With an intent to kill, or With a reckless indifference to human life, or By the accused or some accomplice in an attempt to commit, or during or immediately after the commission of an offence punishable by a term of imprisonment of no less than 25 years. An accused person who unlawfully kills another is not guilty of murder unless they do the act or omission which causes the death with one of the four specific intents (mentioned above). These intents are essential mental elements which are required for a person to be convicted of murder, beyond a reasonable doubt. Maximum Penalty: The maximum penalty for murder is life imprisonment with a standard non-parole period of 20 years imprisonment. Attempted Murder/Conspiracy to Murder Under sections 26, 27, 28, 29 and 30 of the Crimes Act 1900, it a criminal offence to attempt to murder someone (by any means), to conspire and agree to commit murder or to persuade and encourage another person to commit murder. Maximum Penalty: The maximum penalty for these offences is 25 years imprisonment with a standard non-parole period of 10 years imprisonment. Manslaughter Under section 18(1)(b) of the Crimes Act 1900, manslaughter is defined as “every other punishable homicide” that is not considered murder. There are two types of manslaughter, namely, voluntary and involuntary manslaughter. Voluntary Manslaughter: In cases of voluntary manslaughter, the elements of murder are present, but the culpability of the offender’s conduct is reduced by reason of extreme provocation (section 23 of the Crimes Act 1900), excessive self-defence (section 421 of the Crimes Act 1900) or a substantial impairment by abnormality of mind (section 23A of the Crimes Act 1900). Involuntary manslaughter: Voluntary manslaughter can be caused by an unlawful and dangerous act that occurs where the accused causes the death of the deceased. A dangerous act is an act that a reasonable person in the position of the accused would have appreciated was an act that exposed another person to a risk of serious injury. Voluntary manslaughter can also be caused by criminal negligence that occurs, that is when an accused owed a legal duty of care to the deceased. In order to establish manslaughter by criminal negligence, it is sufficient if the prosecution shows that the act which caused the death was done by the accused consciously and voluntarily, without any intention of causing death or grievous bodily harm but in circumstances which involved such a great falling short of the standard of care which a reasonable man would have exercised and which involved such a high risk that death or grievous bodily harm would follow that the doing of the act merited criminal punishment. Maximum Penalty for Manslaughter: The maximum penalty for manslaughter is 25 years imprisonment.