Criminal Code and Other Legislation Amendment Bill 2019

Queensland Crest

An Act to amend the Criminal Code, the Evidence Act 1977 and the Penalties and Sentences Act 1992 for particular purposes

The Parliament of Queensland enacts—

Part 1 Preliminary

1Short title

This Act may be cited as the Criminal Code and Other Legislation Amendment Act 2019.

Part 2 Amendment of Criminal Code

2Code amended

This part amends the Criminal Code.

3Amendment of s 302 (Definition of murder)

Section 302(1), after paragraph (a)—
(aa)if death is caused by an act done, or omission made, with reckless indifference to human life;

4Amendment of s 324 (Failure to supply necessaries)

Section 324, from ‘misdemeanour’—
omit, insert—


Maximum penalty—7 years imprisonment.

5Insertion of new s 575A

After section 575—

575A Evidence at murder trial

(1)This section applies in relation to the trial of a person charged with murder under a paragraph of section 302(1).
(2)The person may be convicted of murder if the evidence at the trial establishes that the person is guilty of murder under any other paragraph of section 302(1).

Part 3 Amendment of Evidence Act 1977

6Act amended

This part amends the Evidence Act 1977.

7Amendment of s 21M (Meaning of protected witness)

Section 21M(3), definition prescribed special offence, after ‘323B,’—


8Act amended

This part amends the Penalties and Sentences Act 1992.

9Amendment of s 9 (Sentencing guidelines)

Section 9
(9B)In determining the appropriate sentence for an offender convicted of the manslaughter of a child under 12 years, the court must treat the child’s defencelessness and vulnerability, having regard to the child’s age, as an aggravating factor.

10Amendment of sch 1 (Serious violent offences)

Schedule 1, entry for Criminal Code—
30Asection 324 (Failure to supply necessaries)

© State of Queensland 2019