Crimes Amendment (Child Homicide) Act 2008

Crimes Amendment (Child Homicide) Act 2008 No. 7 of 2008 TABLE OF PROVISIONS Section Page 1 Purpose 1 2 Commencement 2 3 New section 5A inserted in Crimes Act 1958 2 5A Child homicide 2 4 Increased penalty for negligently causing serious injury 2 5 Dangerous driving causing death or serious injury 2 6 New section 610 inserted in Crimes Act 1958 4 610 Transitional provision—Crimes Amendment (Child Homicide) Act 2008 4 7 Amendments of Acts consequential on creation of new offence of child homicide 4 8 Statute law revision 6 ═══════════════ ENDNOTES 7 i -- 1 of 8 -- Victoria Crimes Amendment (Child Homicide) Act 2008† No. 7 of 2008 [Assented to 18 March 2008] The Parliament of Victoria enacts: 1 Purpose The main purpose of this Act is to amend the Crimes Act 1958— (a) to create a new offence of child homicide; and (b) to increase the maximum penalty for the offence of negligently causing serious injury; and 1 -- 2 of 8 -- Crimes Amendment (Child Homicide) Act 2008 No. 7 of 2008 s. 2 (c) to split the offence of dangerous driving causing death or serious injury into separate offences with different maximum penalties. 2 Commencement This Act comes into operation on the day after the day on which it receives the Royal Assent. 3 New section 5A inserted in Crimes Act 1958See: Act No. 6231. Reprint No. 19 as at 1 December 2006 and amending Act Nos 16/2004, 97/2005, 23/2006, 48/2006, 50/2006, 32/2007 and 50/2007. LawToday: www. legislation. vic.gov.au After section 5 of the Crimes Act 1958 insert— "5A Child homicide A person who, by his or her conduct, kills a child who is under the age of 6 years in circumstances that, but for this section, would constitute manslaughter is guilty of child homicide, and not of manslaughter, and liable to level 3 imprisonment (20 years maximum).". 4 Increased penalty for negligently causing serious injury For the penalty at the foot of section 24 of the Crimes Act 1958 substitute— "Penalty: Level 5 imprisonment (10 years maximum).". 5 Dangerous driving causing death or serious injury (1) In section 319(1) of the Crimes Act 1958— (a) omit ", or serious injury to,"; (b) for "level 6 imprisonment (5 years maximum)" substitute "level 5 imprisonment (10 years maximum)". 2 -- 3 of 8 -- Crimes Amendment (Child Homicide) Act 2008 No. 7 of 2008 s. 5 (2) After section 319(1) of the Crimes Act 1958 insert— "(1A) A person who, by driving a motor vehicle at a speed or in a manner that is dangerous to the public having regard to all the circumstances of the case, causes serious injury to another person is guilty of an indictable offence and liable to level 6 imprisonment (5 years maximum).". (3) For section 422A(1) of the Crimes Act 1958 substitute— "(1) If on the trial of a person charged with an offence against section 318 (culpable driving causing death) the jury are not satisfied that he or she is guilty of the offence charged but are satisfied that he or she is guilty of an offence against section 319(1) (dangerous driving causing death), the jury may acquit the accused of the offence charged and find him or her guilty of the offence against section 319(1) and he or she is liable to punishment accordingly. (1A) If on the trial of a person charged with an offence against section 24 (negligently causing serious injury) the jury are not satisfied that he or she is guilty of the offence charged but are satisfied that he or she is guilty of an offence against section 319(1A) (dangerous driving causing serious injury), the jury may acquit the accused of the offence charged and find him or her guilty of the offence against section 319(1A) and he or she is liable to punishment accordingly.". 3 -- 4 of 8 -- Crimes Amendment (Child Homicide) Act 2008 No. 7 of 2008 s. 6 6 New section 610 inserted in Crimes Act 1958 After section 609 of the Crimes Act 1958 insert— "610 Transitional provision—Crimes Amendment (Child Homicide) Act 2008 (1) The amendments of this Act made by the Crimes Amendment (Child Homicide) Act 2008 apply only to offences alleged to have been committed on or after the commencement of that Act. (2) For the purposes of subsection (1) if an offence is alleged to have been committed between two dates, one before and one after the commencement of the Crimes Amendment (Child Homicide) Act 2008, the offence is alleged to have been committed before that commencement.". 7 Amendments of Acts consequential on creation of new offence of child homicide (1) In the Children, Youth and Families Act 2005— See: Act No. 96/2005. Reprint No. 1 as at 23 April 2007 and amending Act Nos 97/2005, 23/2006, 24/2006, 51/2006, 81/2006, 24/2007 and 28/2007. LawToday: www. legislation. vic.gov.au (a) in section 356(1), (2)(a), (3) and (4) after "manslaughter," insert "child homicide,"; (b) in section 516(1)(b) after "manslaughter," insert "child homicide,". 4 -- 5 of 8 -- Crimes Amendment (Child Homicide) Act 2008 No. 7 of 2008 s. 7 (2) In section 17(3)(a)(i) of the Coroners Act 1985, after "manslaughter," insert "child homicide,". See: Act No. 10257. Reprint No. 6 as at 16 July 2007 and amending Act No. 36/2007. LawToday: www. legislation. vic.gov.au (3) In the Crimes Act 1958— (a) in section 9— (i) after "or of manslaughter" insert "or of child homicide"; (ii) after "murder or manslaughter" insert "or child homicide"; (b) in section 10(3)— (i) after "manslaughter" (where first occurring) insert "or child homicide"; (ii) after "manslaughter" (where secondly occurring) insert "child homicide"; (c) after section 421(1)(a) insert— "(ab) child homicide;"; (d) in section 423 after "manslaughter" insert ", child homicide"; (e) in section 464P(2)(a) after "manslaughter" insert ", child homicide"; (f) in section 464ZGA(2)(a) after "manslaughter" insert ", child homicide"; (g) after item 3 of Schedule 8 insert— "3AA. Child homicide.". 5 -- 6 of 8 -- Crimes Amendment (Child Homicide) Act 2008 No. 7 of 2008 s. 8 (4) In the Sentencing Act 1991— See: Act No. 49/1991. Reprint No. 10 as at 23 April 2007 and amending Act Nos 97/2005, 23/2006, 24/2006 and 56/2007. LawToday: www. legislation. vic.gov.au (a) in section 3(1), in the definition of serious offence, after paragraph (b) insert— "(baa) child homicide; or"; (b) after clause 2(b) of Schedule 1 insert— "(baa) child homicide;". 8 Statute law revision In the Children, Youth and Families Act 2005— (a) in section 356(1), (2)(a), (3) and (4) before "an offence against" (where first occurring) insert "defensive homicide,"; (b) in section 516(1)(b) before "an offence against" (where first occurring) insert "defensive homicide,". ═══════════════ 6 -- 7 of 8 -- Crimes Amendment (Child Homicide) Act 2008 No. 7 of 2008 Endnotes ENDNOTES † Minister's second reading speech— Legislative Assembly: 6 December 2007 Legislative Council: 7 February 2008 The long title for the Bill for this Act was "A Bill for an Act to amend the Crimes Act 1958 to create a new offence of child homicide and to increase the maximum penalty for certain offences, to make consequential amendments to the Children, Youth and Families Act 2005, the Coroners Act 1985 and the Sentencing Act 1991 and for other purposes." 7 -- 8 of 8 --