Page 4108 - Week 13 - Tuesday, 15 November 2005
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The Crimes (Sentencing) Bill 2005 retains a sentencing court’s authority to make ancillary orders such as compensation for damage. For example, the bill currently would lapse these orders if a conviction or finding of guilt is reversed or set aside. Rather than place victims in a situation where ancillary orders are made, enforced and then changed, the government’s amendment will defer the execution of the orders until the normal appeal period expires. Section 133A, which I will discuss later, provides for the deferral. The amendment to clause 18 (4) ensures that clause 18 is subject to section 133A.
DR FOSKEY (Molonglo) (12.06): I will be agreeing to the Attorney’s amendments Nos 1, 2 and 3. They appear to be logical and focused on administration. They indicate the most appropriate manner for the courts to deal with and implement ancillary orders. This intervention also applies to amendments Nos 2 and 3.
MR STEFANIAK (Ginninderra) (12.06): We will support the amendment. If someone who has been a victim goes through a difficult court case and there is a finding and some ancillary orders that are then changed as a result of an appeal, that does cause further trauma. It does seem to be a sensible amendment.
Amendment agreed to.
Clause 18, as amended, agreed to.
Clause 19.
MR STANHOPE (Ginninderra—Chief Minister, Attorney-General, Minister for the Environment and Minister for Arts, Heritage and Indigenous Affairs) (12.07): I move amendment No 2 circulated in my name [see schedule 2 at page 4178] .
Clause 19 of the bill allows a reparation order to be made if a person is found guilty of an offence and a victim of the crime suffers a loss or incurs an expense as a direct consequence of the offence. Rather than place victims in a situation where reparation orders are made, enforced and then changed, the government amendments will defer the execution of the order until the normal appeal period expires. This is related again to section 133A, which provides for this deferral.
Amendment agreed to.
Clause 19, as amended, agreed to.
Clause 20.
MR STANHOPE (Ginninderra—Chief Minister, Attorney-General, Minister for the Environment and Minister for Arts, Heritage and Indigenous Affairs) (12.08): I move amendment No 3 circulated in my name [see schedule 2 at page 4178].
If an offender is convicted or found guilty of an offence that involves stealing property, clause 20 of the bill enables a reparation order to be made. Once again, rather than place victims in the situation where reparation orders are made, enforced and then changed, the
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