Crimes Amendment (Child Homicide) Act 2008

Crimes Amendment (Child Homicide) Act 2008

No. 7 of 2008

table of provisions

SectionPage

ClausePage

1Purpose

2Commencement

3New section 5A inserted in Crimes Act 1958

5AChild homicide

4Increased penalty for negligently causing serious injury

5Dangerous driving causing death or serious injury

6New section 610 inserted in Crimes Act 1958

610Transitional provision—Crimes Amendment (Child Homicide) Act 2008

7Amendments of Acts consequential on creation of new offence
of child homicide

8Statute law revision

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Endnotes

ClausePage

Victoria

ClausePage

Crimes Amendment (Child Homicide) Act 2008[†]

No. 7 of 2008

[Assented to 18 March 2008]

Crimes Amendment (Child Homicide) Act 2008
No. 7 of 2008

The Parliament of Victoriaenacts:

Crimes Amendment (Child Homicide) Act 2008
No. 7 of 2008

1Purpose

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

(c)to split the offence of dangerous driving causing death or serious injury into separate offences with different maximum penalties.

2Commencement

s. 2

This Act comes into operation on the day after the day on which it receives the Royal Assent.

See:
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

3New section 5A inserted in Crimes Act 1958

After section 5 of the Crimes Act 1958 insert—

"5AChild 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).".

4Increased 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).".

5Dangerous 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)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—

s. 5

"(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 section319(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 section319(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.".

6New section 610 inserted in Crimes Act 1958

s. 6

After section 609 of the Crimes Act 1958 insert—

"610Transitional 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.".

7Amendments of Acts consequential on creation of new offence of child homicide

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

(1)In the Children, Youth and Families Act 2005—

(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,".

See:
Act No.
10257.
Reprint No. 6
as at
16 July 2007
and amending
Act No.
36/2007.
LawToday:
www.
legislation.
vic.gov.au

(2)In section 17(3)(a)(i) of the Coroners Act 1985, after "manslaughter," insert "child homicide,".

(3)In the Crimes Act 1958—

(a)in section 9—

(i)after "or of manslaughter" insert "or of child homicide";

s. 7

(ii)after "murder or manslaughter" insert "orchild 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 423after "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.".

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

(4)In the Sentencing Act 1991—

(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;".

8Statute law revision

s. 8

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,".

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Crimes Amendment (Child Homicide) Act 2008
No. 7 of 2008

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."