Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Schedule 6—Minimum sentences

Schedule 6 Minimum sentences

   

Crimes Act 1914

1  At the end of subsection 16A(1)

Add:

Note:          Minimum penalties apply for certain offences—see sections 16AAA, 16AAB and 16AAC.

2  After section 16AA

Insert:

16AAA   Minimum penalties for certain offences

                   Subject to section 16AAC, if a person is convicted of an offence described in column 1 of an item in the following table, the court must impose a sentence of imprisonment of at least the period specified in column 2 of that item.

 

Minimum penalty

Item

Column 1

Offence

Column 2

Sentence of imprisonment

1

offence against subsection 272.8(1) of the Criminal Code

5 years

2

offence against subsection 272.8(2) of the Criminal Code

5 years

3

offence against subsection 272.9(1) of the Criminal Code

5 years

4

offence against subsection 272.9(2) of the Criminal Code

5 years

5

offence against section 272.10 of the Criminal Code

6 years

6

offence against section 272.11 of the Criminal Code

6 years

7

offence against section 272.18 of the Criminal Code

5 years

8

offence against section 272.19 of the Criminal Code

5 years

9

offence against section 273.7 of the Criminal Code

6 years

10

offence against section 471.22 of the Criminal Code

6 years

11

offence against section 474.23A of the Criminal Code

5 years

12

offence against section 474.24A of the Criminal Code

6 years

13

offence against subsection 474.25A(1) of the Criminal Code

5 years

14

offence against subsection 474.25A(2) of the Criminal Code

5 years

15

offence against section 474.25B of the Criminal Code

6 years

16AAB   Second or subsequent offence

             (1)  This section applies in respect of a person if:

                     (a)  the person is convicted of a Commonwealth child sexual abuse offence (a current offence ); and

                     (b)  the person has, at an earlier sitting, been convicted previously of a child sexual abuse offence.

             (2)  Subject to section 16AAC, if the person is convicted of a current offence described in column 1 of an item in the following table, the court must impose for the current offence a sentence of imprisonment of at least the period specified in column 2 of that item.

 

Minimum penalty

Item

Column 1

Current offence

Column 2

Sentence of imprisonment

1

offence against subsection 272.12(1) of the Criminal Code

3 years

2

offence against subsection 272.12(2) of the Criminal Code

3 years

3

offence against subsection 272.13(1) of the Criminal Code

2 years

4

offence against subsection 272.13(2) of the Criminal Code

2 years

5

offence against subsection 272.14(1) of the Criminal Code

4 years

6

offence against subsection 272.15(1) of the Criminal Code

4 years

7

offence against subsection 272.20(1) of the Criminal Code

3 years

8

offence against subsection 272.20(2) of the Criminal Code

1 year

9

offence against subsection 273.6(1) of the Criminal Code

4 years

10

offence against subsection 471.19(1) of the Criminal Code

4 years

11

offence against subsection 471.19(2) of the Criminal Code

4 years

12

offence against subsection 471.20(1) of the Criminal Code

4 years

13

offence against subsection 471.24(1) of the Criminal Code

4 years

14

offence against subsection 471.24(2) of the Criminal Code

4 years

15

offence against subsection 471.24(3) of the Criminal Code

4 years

16

offence against subsection 471.25(1) of the Criminal Code

4 years

17

offence against subsection 471.25(2) of the Criminal Code

4 years

18

offence against subsection 471.25(3) of the Criminal Code

4 years

19

offence against subsection 471.25A(1) of the Criminal Code

4 years

20

offence against subsection 471.25A(2) of the Criminal Code

4 years

21

offence against subsection 471.25A(3) of the Criminal Code

4 years

22

offence against subsection 471.26(1) of the Criminal Code

3 years

23

offence against subsection 474.22(1) of the Criminal Code

4 years

24

offence against subsection 474.23(1) of the Criminal Code

4 years

25

offence against subsection 474.26(1) of the Criminal Code

4 years

26

offence against subsection 474.26(2) of the Criminal Code

4 years

27

offence against subsection 474.26(3) of the Criminal Code

4 years

28

offence against subsection 474.27(1) of the Criminal Code

4 years

29

offence against subsection 474.27(2) of the Criminal Code

4 years

30

offence against subsection 474.27(3) of the Criminal Code

4 years

31

offence against subsection 474.27AA(1) of the Criminal Code

4 years

32

offence against subsection 474.27AA(2) of the Criminal Code

4 years

33

offence against subsection 474.27AA(3) of the Criminal Code

4 years

34

offence against subsection 474.27A(1) of the Criminal Code

3 years

16AAC   Exclusions and reductions—minimum penalties

People aged under 18

             (1)  Section 16AAA and subsection 16AAB(2) do not apply to a person who was aged under 18 years when the offence that the relevant provision specifies a minimum penalty for was committed.

Reduction of minimum penalty

             (2)  A court may impose a sentence of imprisonment of less than the period specified in column 2 of an item of a table in section 16AAA or subsection 16AAB(2) only if the court considers it appropriate to reduce the sentence because of either or both of the following:

                     (a)  the court is taking into account, under paragraph 16A(2)(g), the person pleading guilty;

                     (b)  the court is taking into account, under paragraph 16A(2)(h), the person having co-operated with law enforcement agencies in the investigation of the offence or of a Commonwealth child sex offence.

             (3)  If a court may reduce a sentence, the court may reduce the sentence as follows:

                     (a)  if the court is taking into account, under paragraph 16A(2)(g), the person pleading guilty—by an amount that is up to 25% of the period specified in column 2 of the applicable item in the relevant table;

                     (b)  if the court is taking into account, under paragraph 16A(2)(h), the person having co-operated with law enforcement agencies in the investigation of the offence or of a Commonwealth child sex offence—by an amount that is up to 25% of the period specified in column 2 of the applicable item in the relevant table;

                     (c)  if the court is taking into account both of the matters in paragraphs (a) and (b)—by an amount that is up to 50% of the period specified in column 2 of the applicable item in the relevant table.

3  Application provisions

(1)       Subject to subitem (2), the amendments made by this Schedule apply in relation to conduct engaged in on or after the commencement of this Schedule.

(2)       Section 16AAB of the Crimes Act 1914 , as inserted by this Schedule, applies in relation to a conviction for a Commonwealth child sexual abuse offence where the relevant conduct was engaged in on or after the commencement of this Schedule (regardless of whether the relevant previous conviction of the person for a child sexual abuse offence occurred before, on or after that commencement).