Criminal Code and Other Legislation (Mason Jett Lee) Amendment Bill 2019*


Queensland Crest

An Act to amend the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004, the Corrective Services Act 2006, the Criminal Code, the Criminal Law Amendment Act 1945, the Criminal Practice Rules 1999, the Criminal Proceeds Confiscation Act 2002, the Disability Services Act 2006, the Mental Health Act 2016, the Penalties and Sentences Act 1992, the Transport Operations (Passenger Transport) Act 1994, the Victims of Crime Assistance Act 2009, the Weapons Act 1990, the Working with Children (Risk Management and Screening) Act 2000 and the Youth Justice 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 (Mason Jett Lee) Amendment Act 2019.

Part 2 Amendment of Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004

2Act amended

This part amends the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004.

3Amendment of sch 1 (Prescribed offences)

Schedule 1, item 9(a), entry for section 300, after ‘murder’—
insert—

or child homicide

Part 3 Amendment of Corrective Services Act 2006

4Act amended

This part amends the Corrective Services Act 2006.

5Amendment of s 181 (Parole eligibility date for prisoner serving term of imprisonment for life)

Section 181(2)(c) and (d)—
omit, insert

(c)if the Criminal Code, section 305(4A) applied on sentence—25 years or the longer time ordered under that section;
(d)if the prisoner is serving a term of imprisonment for life for an offence of murder and paragraphs (a), (b) and (c) do not apply—20 years;
(e)if the Criminal Code, section 309A applied on sentence—15 years or the longer time ordered under that section;
(f)otherwise—15 years.

Part 4 Amendment of Criminal Code

6Code amended

This part amends the Criminal Code.

7Amendment of s 17 (Former conviction or acquittal)

Section 17, note, after ‘murder’—
insert—

or child homicide

8Amendment of s 286 (Duty of person who has care of child)

Section 286(1), ‘under 16 years’—
omit.

9Amendment of s 300 (Unlawful homicide)

Section 300, ‘or manslaughter,’—
omit, insert

, child homicide or manslaughter,

10Insertion of new s 302A

After section 302
insert—

302A Definition of child homicide

(1)A person who unlawfully kills another person under such circumstances as to not constitute murder but under all of the following circumstances—
(a)the person killed was a child at the time the act or omission that caused the person’s death was done or made;
(b)the person did the act or made the omission that caused the person’s death when the person knew or ought reasonably to have known that the person killed was a child;
(c)the act or omission that caused the person’s death—
(i)involved violence; or

Examples, which are not exclusive examples, of acts involving violence—

vigorous shaking, punching, kicking, stamping, throwing, squeezing, suffocating or strangling
(ii)was an offence of a sexual nature; or
(iii)was a breach of a duty stated in section 285 or 286;
      is guilty of child homicide.
(2)An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.

11Amendment of s 303 (Definition of manslaughter)

Section 303(1), after ‘murder’—
insert—

or child homicide

12Amendment of s 304 (Killing on provocation)

Section 304(1), (9) and (10), after ‘murder’—
insert—

or child homicide

13Amendment of s 304A (Diminished responsibility)

(1)Section 304A(1), after ‘murder’—
insert—

or child homicide

(2)Section 304A(2), after ‘murder’—
insert—

or child homicide

(3)Section 304A(3), from ‘shall not’—
omit, insert—

does not affect the question whether the unlawful killing amounted to murder or child homicide in the case of the other person or persons.

14Amendment of s 304B (Killing for preservation in an abusive domestic relationship)

Section 304B(1), after ‘constitute murder’—
insert—

or child homicide

15Amendment of s 305 (Punishment of murder)

Section 305
insert—
(4A)If—
(a)the person killed was a child at the time the act or omission that caused the person’s death was done or made; and
(b)the person being sentenced did the act or made the omission that caused the person’s death when the person knew or ought reasonably to have known that the person killed was a child;
      the court sentencing the person must make an order that the person must not be released from imprisonment until the person has served a minimum of 25 or more specified years of imprisonment, unless released sooner under exceptional circumstances parole under the Corrective Services Act 2006.

16Amendment of s 307 (Accessory after the fact to murder)

(1)Section 307, heading, after ‘murder’—
insert—

or child homicide

(2)Section 307(1), after ‘murder’—
insert—

or child homicide

17Insertion of new s 309A

After section 309
insert—

309A Punishment of child homicide

(1)Any person who commits the crime of child homicide is liable to imprisonment for life, which can not be mitigated or varied under any law or is liable to an indefinite sentence under part 10 of the Penalties and Sentences Act 1992.
(2)The court sentencing the person must make an order that the person must not be released from imprisonment until the person has served a minimum of 15 or more specified years of imprisonment, unless released sooner under exceptional circumstances parole under the Corrective Services Act 2006.
(3)The Penalties and Sentences Act 1992, section 161Q also states a circumstance of aggravation for the crime of child homicide.

18Amendment of s 576 (Indictment containing count of murder or manslaughter)

(1)Section 576, heading, after ‘murder’—
insert—

, child homicide

(2)Section 576(1), after ‘murder’—
insert—

or child homicide

19Amendment of s 678B (Court may order retrial for murder—fresh and compelling evidence)

(1)Section 678B, heading, after ‘murder’—
insert—

or child homicide

(2)Section 678B(1) to (4), after ‘murder’—
insert—

or child homicide

20Amendment of s 678D (Fresh and compelling evidence—meaning)

Section 678D(1), after ‘murder’—
insert—

or child homicide

Part 5 Amendment of Criminal Law Amendment Act 1945

21Act amended

This part amends the Criminal Law Amendment Act 1945.

22Amendment of s 18B (Parole orders under Corrective Services Act 2006)

Section 18B(1)(a), ‘section 181(2)(d)’—
omit, insert—

section 181(2)(f)

Part 6 Amendment of Criminal Practice Rules 1999

23Rules amended

This part amends the Criminal Practice Rules 1999.

24Amendment of sch 3 (Forms for indictments, informations and complaints—statement of offences under the Code)

Schedule 3, part 5, entry for chapter 28—
insert—

Form 151A Child homicide

(Section 302A. Definition of child homicide)
(Section 309A. Punishment of child homicide)
Unlawfully killed EF, a child.

Part 7 Amendment of Criminal Proceeds Confiscation Act 2002

25Act amended

This part amends the Criminal Proceeds Confiscation Act 2002.

26Amendment of sch 2 (Offences)

Schedule 2, part 1, item 1—
insert—
(aa)child homicide;

Part 8 Amendment of Disability Services Act 2006

27Act amended

This part amends the Disability Services Act 2006.

28Amendment of sch 2 (Current serious offences)

Schedule 2, item 4, entry for the Criminal Code, section 300, column 3—
omit, insert—

only if the unlawful killing is—

(a)murder under section 302; or
(b)child homicide under section 302A

29Amendment of sch 4 (Current disqualifying offences)

Schedule 4, item 4, entry for the Criminal Code, section 300, column 3—
omit, insert—

only if the unlawful killing is—

(a)murder under section 302 and was committed against a child; or
(b)child homicide under section 302A

30Amendment of sch 6 (Offences that may form basis of investigative information)

Schedule 6, item 4, entry for the Criminal Code, section 300, column 3—
omit, insert—

only if the unlawful killing is—

(a)murder under section 302 and was committed against a child or a person with a disability; or
(b)child homicide under section 302A

Part 9 Amendment of Mental Health Act 2016

31Act amended

This part amends the Mental Health Act 2016.

32Amendment of s 21 (Mental Health Court)

Section 21(1), after ‘murder’—
insert—

or child homicide

33Amendment of s 110 (When reference may be made)

Section 110(2)(a), after ‘murder’—
insert—

or child homicide

34Amendment of s 116 (Decision about unsoundness of mind and diminished responsibility)

Section 116(1)(b), after ‘murder’—
insert—

or child homicide

35Amendment of s 120 (Diminished responsibility—discontinuance of proceeding)

Section 120, after ‘murder’—
insert—

or child homicide

36Amendment of s 181 (Application of div 1)

Section 181(1)(b)(ii), after ‘murder’—
insert—

or child homicide

37Amendment of s 789 (Publication of reports and decisions on references—Mental Health Court and Court of Appeal)

(1)Section 789(3) definition decision leading to trial, paragraph (c), after ‘murder’—
insert—

or child homicide

(2)Section 789(3) definition relevant offence, paragraph (b), after ‘murder’—
insert—

or child homicide

38Amendment of sch 3 (Dictionary)

Schedule 3, definition prescribed offence
insert—
(aa)sections 302A (Definition of child homicide) and 309A (Punishment of child homicide);

Part 10 Amendment of Penalties and Sentences Act 1992

39Act amended

This part amend the Penalties and Sentences Act 1992.

40Amendment of s 171 (Review—periodic)

Section 171(2)(a)(ii), after ‘section 305(4)’—
omit, insert—

or (4A)

41Amendment of sch 1 (Serious violent offences)

Schedule 1, entry for the Criminal Code
insert—
14Csections 302A (Definition of child homicide) and 309A (Punishment of child homicide)

42Amendment of sch 1C (Prescribed offences)

Schedule 1C, entry for the Criminal Code
insert—

sections 302A (Definition of child homicide) and 309A (Punishment of child homicide)

43Amendment of sch 2 (Qualifying offences)

Schedule 2, entry for the Criminal Code
insert—

302A, 309A

Child homicide

Part 11 Amendment of Transport Operations (Passenger Transport) Act 1994

44Act amended

This part amends the Transport Operations (Passenger Transport) Act 1994.

45Amendment of sch 1A (Driver disqualifying offences)

Schedule 1A, part 1, division 1, item 12E, after ‘child’—
insert—

or the unlawful killing is child homicide under section 302A

Part 12 Amendment of Victims of Crime Assistance Act 2009

46Act amended

This part amends the Victims of Crime Assistance Act 2009.

47Amendment of sch 3 (Dictionary)

Schedule 3, definition more serious act of violence, after ‘murder,’—
insert—

child homicide,

Part 13 Amendment of Weapons Act 1990

48Act amended

This part amends the Weapons Act 1990.

49Amendment of s 53 (An unlicensed person may use a weapon at an approved range)

Section 53(7), definition excluded person, paragraph (a)(i), after ‘murder’—
insert—

, child homicide

50Amendment of sch 2 (Dictionary)

Schedule 2, definition prohibited person, paragraph (a), after ‘murder’—
insert—

, child homicide

Part 14 Amendment of Working with Children (Risk Management and Screening) Act 2000

51Act amended

This part amends the Working with Children (Risk Management and Screening) Act 2000.

52Amendment of sch 2 (Current serious offences)

Schedule 2, item 4, entry for the Criminal Code, section 300, column 3, after ‘section 302’—
insert—

or child homicide under section 302A

53Amendment of sch 4 (Current disqualifying offences)

Schedule 4, item 4, entry for the Criminal Code, section 300, column 3, after ‘child’—
insert—

or child homicide under section 302A

54Amendment of sch 6 (Offences that may form basis of investigative information)

Schedule 6, item 4, entry for the Criminal Code, section 300, column 3, after ‘disability’—
insert—

or child homicide under section 302A

Part 15 Amendment of Youth Justice Act 1992

55Act amended

This part amends the Youth Justice Act 1992.

56Amendment of s 176 (Sentence orders—life and other significant offences)

(1)Section 176(6), ‘(3) and (4)’—
omit, insert

(3), (4) and (4A)

(2)Section 176
insert—
(6A)The Criminal Code, section 309A(2) applies to a court sentencing a child to detention for life on a conviction of child homicide.

Note—

For the child’s parole eligibility, see section 233 of this Act and the Corrective Services Act 2006, section 181.