Page 444 - Week 02 - Tuesday, 8 March 2011
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The next amendment is to the Crimes (Sentencing) Act 2005 that allows a victim impact statement to be presented to the court before the court determines whether a conviction should be recorded against the offender. This is a worthwhile amendment that puts the effect of a crime on the victim more at the forefront in the judgement process. Victims of crime suffer in a range of different ways, some of them not always immediately obvious. To take these impacts into account before deciding whether a conviction should be recorded is a positive step towards the delivery of justice for the whole community.
Then there is an amendment to the Criminal Code 2002 to include an alternative verdict provision in drug-related matters. This will allow the court to consider alternative summary possession offences if a defendant is not guilty of a section 603 drug trafficking offence. Importantly, it also gives procedural fairness in relation to finding of guilt on the alternative offence.
A further amendment to the Crimes Act 2002 creates consistency at sections 304 and 324 of the code in relation to the definition of what constitutes appropriated property. It will capture any person who assumes the right of an owner to ownership, possession or control of the property without the consent of the actual owner.
The final amendment is to the Prostitution Act 1992 and again it relates to the bestiality offence that I referred to earlier. It provides that the bestiality offence is a disqualification offence so that a convicted person cannot become an operator, owner or director of a commercial brothel or escort agency or continue to be so.
I note the scrutiny of bills committee, in its consideration of this bill, in report No 32, commented that the explanatory statement did not address adequately the question of a person’s right to privacy in relation to these offences. However, it did not call on the minister to respond. Given the offence of bestiality was previously a long-standing offence and is now being reintroduced after some absence and given the public attitude towards the offence, I am satisfied that sufficient proportionality is established between the nature of the offence and the offender’s right to privacy.
As mentioned earlier, the Canberra Liberals will support this bill. However, I will monitor the effectiveness of those issues that I raised in relation to election of recklessness or knowledge and, if necessary, come back to the Assembly with other changes. I congratulate the minister on these changes and hope that they work as effectively as he maintains.
MR RATTENBURY (Molonglo) (10.11): The Greens will be supporting the Crimes Legislation Amendment Bill 2010. We believe it makes important changes to four acts in the ACT that relate to sexual offences and other criminal procedures more generally. Amendments 4 to 8 make amendments to part 4 of the Crimes Act which covers sexual offences.
Regarding amendment 4, clearly the legal definition of what constitutes sexual intercourse will be a central element of part 3, “Sexual Crimes”. To protect victims, it is important that each sexual crime is clearly defined and that there are no unintended
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