TABLE OF SECTION 32 OFFENCE PENALTIES

Transcription

1 WESTERN AUSTRALIA DIRECTOR OF PUBLIC PROSECUTIONS TABLE OF SECTION 32 OFFENCE PENALTIES Last Updated ODPP s.32 Offence Penalties Table last updated

2 TABLE OF SECTION 32 OFFENCE PENALTIES Last Updated CONTENTS Criminal Code (WA) 3 19 Bail Act Classification (Publications & Computer Games) Enforcement Act Criminal Investigations Act Criminal Investigations (Identifying People) Act Dangerous Sexual Offenders Act Firearms Act Government Railways Act Juries Act Misuse of Drugs Act Police Act Restraining Orders Act Road Traffic Act Road Traffic Code Weapons Act Schedule of Amendments to Table 56 ODPP s.32 Offence Penalties Table last updated

3 Criminal Code (WA) Part of the Code Section Offence Summary Penalty and Indictable Penalty where applicable Part II Offences against public order Section 59 Witness refusing to attend or give evidence before Parliament. Section 54 Section 55 Section 56 Section 58 Interference with Governor or Ministers. Interference with the Legislature. Disturbing Parliament. Threatening witnesses before Parliament. Section 63 Taking part in an unlawful assembly. Imprisonment for 5 years. Section 64 Section 65 Section 68 Unlawful assembly may be ordered to disperse. Taking part in a riot. Being armed in a way that may cause fear Imprisonment for 5 years. Imprisonment for 7 years. Imprisonment for 3 years and a fine of $ ODPP s.32 Offence Penalties Table last updated

4 Section 68B Being armed in or near place of public entertainment. Imprisonment for 5 years. Imprisonment for 3 years and a fine of $ Section 68C Being armed in public in company Imprisonment for 5 years. Imprisonment for 3 years and a fine of $ Section 68D Having ready access to both weapons and cash. Imprisonment for 5 years. Imprisonment for 3 years and a fine of $ Section 68E Having ready access to both weapons and illegal drugs. Imprisonment for 5 years. Imprisonment for 3 years and a fine of $ Section 69 Forcibly entering land. Imprisonment for 2 years. Fine of $6000. Section 70 Forcibly keeping Imprisonment for 2 years. possession of land. Fine of $6000. Section 70A Trespass. 12 months Imprisonment and a Section 70B Section 71 Section 72 Section 73 Section 74 Trespasser s refusal to give name and address/ giving a false name and address. Fighting in public causing fear Challenge to fight a duel Prize fight. Threatening violence. fine of $ Fine of $500 Imprisonment for 2 years. Fine of $6000. Imprisonment for 2 years. Fine of $6000. Imprisonment for 2 years. Fine of $6000. ODPP s.32 Offence Penalties Table last updated

5 Part II cont. Offences against public order Section 74A Section 74B Section 75 Section 75B(2) Disorderly behaviour in public ss (2) Being a person who has control or management of a place where food or refreshments are sold and allowing a person to act in a disorderly manner. ss (3) Causing fear or alarm to people in conveyances and others. Interfering with political liberty. Organising or permitting the organisation of a gathering that becomes an out of control gathering. Fine of $ Fine of $ Imprisonment for 7 years. Imprisonment for 3 years and a fine of $ a fine of $ Section 78 NB. S.80H Prosecution must not be commenced without the consent of the DPP Section 80 NB. S.80H Prosecution must not be commenced without the consent of the DPP Section 80A Section 80B Conduct that is likely to incite racial animosity or racist harassment. Possession of material for dissemination if material likely to incite racial animosity or racial harassment. Conduct intended to racially harass. Conduct likely to racially harass. Imprisonment for 5 years. Imprisonment for 5 years. Imprisonment for 5 years. ODPP s.32 Offence Penalties Table last updated

6 Part II cont. Offences against public order Part III Offences against the administration of law and justice and against public authority Section 80C Section 80D Section 81 Section 87 Possession of material for display with intent to racially harass. Possession of material for display if material likely to racially harass. Disclosure of official secrets ss(2). Impersonating a public officer ss(2). Imprisonment for 5 years. Imprisonment for 2 years. Section 96 Bribery ss(2). Section 97 Undue influence ss(2). Section 98 Section 99 Electoral material, printing and publication of ss(2). False or defamatory statements or deceptive material, publication of ss(2). Fine of $ Section 100 Section 101 False or defamatory statements in relation to personal character or conduct of a candidate are published ss (4) Postal voting, offences in connection with. Offences at or near a polling place ss(1) Offences at a polling place or where votes are being counted ss(2) Offences whilst a voter is in a compartment or booth ss (3) Fine of $ Fine of $ ODPP s.32 Offence Penalties Table last updated

7 Part III Offences against the administration of law and justice and against public authority Section 102 Voting when not entitled. ss(1) Procuring another person who is not entitled to vote, to vote ss(2) Impersonating a voter. ss (3) Voting more often in an election than entitled ss(4) Where a person is entitled to cast more than one vote, the person casts more votes than entitled ss(5) Section 103 Offences in regard to ballot papers and ballot boxes. Section 104 Secrecy offences. Section 105 Offences committed by Electoral Officers. Section 106 False statements in connection with an election. Section 138 Advertising reward etc for stolen property. Fine of $ Section 145 Section 146 Section 148 Conveying and/or aiding a person to escape from lawful custody. Escaping lawful custody. Aiding an escape. Imprisonment for 7 years. Imprisonment for 3 years and a fine of $ Imprisonment for 7 years. Imprisonment for 3 years and a fine of $ ODPP s.32 Offence Penalties Table last updated

8 Part III Offences against the administration of law and justice and against public authority Section 150 Section 151 Section 169 Removing property under lawful seizure. Obstructing officers of courts of justice. False statements on oath ss(1). a fine of $ Imprisonment for 2 years. Fine of $6000. Imprisonment for 7 years. Imprisonment for 3 years and a fine of $ False statement in a statutory declaration ss(2). Imprisonment for 5 years. Part IV Acts injurious to the public in general Section 170 Section 171 Section 172 Section 190 False information to officials. Creating false belief. Obstructing public officers. Being involved in prostitution i.e. as a lessor or landlord. ss (1) Imprisonment for 3 yrs Imprisonment for 18 months and a fine of $ Imprisonment for 2 years. Imprisonment for 18 months and a fine of $ Gains earnings knowing the source of earnings are from prostitution. ss (3) ODPP s.32 Offence Penalties Table last updated

9 Part IV Acts injurious to the public in general Section 199 Section 202 Unlawful abortion by a Medical Practitioner. ss (2) Obscene acts in public. ss (1) Penalty: $ Section 203 Being in control of a place where the public are admitted and allowing obscene acts to occur. ss (2) Indecent acts in public, or in a police station ss (1) Imprisonment for 2 years. Imprisonment for 9 months and a fine of $ Section 204 Section 206 Section 214 Section 216 Being in control of a place where the public are admitted and allowing indecent acts to occur. ss (2) Indecent act with intent to offend. Supplying intoxicants to people likely to abuse them. Misconduct with regard to corpses. Selling graffiti implements to children. Imprisonment for 2 years. Imprisonment for 9 months and a fine of $ Imprisonment for 2 years. First offence: Fine of $6000 Subsequent offence: Fine of $ ODPP s.32 Offence Penalties Table last updated

10 Part V Offences against the person and relating to marriage and parental rights and duties against the reputation of individuals Section 284 Section 301 Culpable driving (other than of motor vehicle) causing death or GBH Wounding and similar acts. - Causing death: Imprisonment for 10 years - Causing GBH: Imprisonment for 7 years Imprisonment for 3 years and a fine of $ Aggravated- Imprisonment for 7 years - Other cases- Imprisonment for 5 years. Section 304 Section 305 Acts or omissions causing bodily harm or danger. ss (1) Setting dangerous things for people. ss (3) - Aggravated- Imprisonment for 3 years and a fine of $ Other cases - Imprisonment for 2 years and a Imprisonment for 7 years. Imprisonment for 3 years and a fine of $ Section 305A Failing to take reasonable measures to make a dangerous thing harmless. ss (4) Intoxication by deception. ss (4) Section 313 Common Assault Aggravated - Imprisonment for 3 years and a fine of $ Any other case - Imprisonment for 18 months and a fine of $ ODPP s.32 Offence Penalties Table last updated

11 Part V Offences against the person and relating to marriage and parental rights and duties against the reputation of individuals Section 317 Section 317A Assault occasioning bodily harm. Assaults with intent. - Aggravated- Imprisonment for 7 years - Other cases- Imprisonment for 5 years. -Aggravated- Imprisonment for 3 years and a fine of $ Other cases- Imprisonment for 2 years and a - Aggravated- Imprisonment for 7 years - Other cases- Imprisonment for 5 years. Section 318 Serious Assaults. ss (1) - Aggravated- Imprisonment for 3 years and a fine of $ Other cases- Imprisonment for 2 years and a Indictable penalty: - Where offender armed or in company of others - Imprisonment for 10 years - Other cases Imprisonment for 7 years. - Where offender armed or in company of others no summary penalty available - Other cases - Imprisonment for 3 years and a fine of $ Mandatory Minimums Offence committed by offender aged 16 but younger than 18 at time of sentencing, in prescribed circumstances. ss (2) Minimum 3 months imprisonment or detention, and the court shall not suspend any term of imprisonment, or make a spent conviction order. Offence committed by offender aged 18 or over at the time of sentencing, in prescribed circumstances. ss (4) Where offender armed or in company of others - minimum 9 months imprisonment, in any other case minimum 6 months imprisonment, and the court shall not suspend any term of imprisonment. ODPP s.32 Offence Penalties Table last updated

12 Part V Offences against the person and relating to marriage and parental rights and duties against the reputation of individuals Section 323 Section 324 Section 337 Section 338B Indecent Assault. Aggravated indecent assault. Unlawful detention or custody of persons who are mentally ill or impaired. Threats. Imprisonment for 5 years. Imprisonment for 7 years, Imprisonment for 3 years and a fine of $ Imprisonment for 2 years. - threats to kill- Imprisonment for 7 years - threat to kill in racial aggravation- Imprisonment for 14 years - other threats in racial aggravation- Imprisonment for 6 years - other threats - Imprisonment for 3 years. Section 338C Statements or acts creating false apprehension as to the existence of threats or danger. other threats and other threats in racial aggravation only- Imprisonment for 18 months and a fine of $ Threats to kill, destroy, take or exercise control - Imprisonment for 10 years - Other cases- Imprisonment for 3 years. - Threats to kill, destroy, take or exercise control - Imprisonment for 3 years and a fine of $ Other cases- Imprisonment for 18 months and a fine of $ ODPP s.32 Offence Penalties Table last updated

13 Part V Offences against the person and relating to marriage and parental rights and duties against the reputation of individuals Section 338E Stalking. ss (1) - Aggravated- Imprisonment for 8 years - Other cases- Imprisonment for 3 years. - Aggravated- Imprisonment for 2 years and a fine of $ Other cases- Imprisonment for 18 months and a fine of $ Section 343A Section 345 Pursuing another in an intimidating manner. ss (2) Publication of report of child stealing unlawful unless approved. Criminal Defamation Imprisonment for 12 months a fine of $ Part VI Offences relating to property and contracts Section 390A Unlawful uses of conveyance. - Where person in conveyance- Imprisonment for 10 years. - Where offender is armed, in company or does bodily harm- Imprisonment for 10 years. - Any other case- 7 years. (only applies to other cases) - Imprisonment for 3 years and a fine of $ ODPP s.32 Offence Penalties Table last updated

14 Part VI Offences relating to property and contracts Section 401 Burglary - Aggravated- Imprisonment for 20 years. - Place ordinarily used for human habitation and no aggravating factors- Imprisonment for 18 years - Any other case- Imprisonment for 14 years. Section 407 Section 409 Persons found armed with the intent to commit a crime. Fraud. - Only circumstances of aggravation is being in company- Imprisonment for 3 years and a fine of $ Place ordinarily used for human habitation and no aggravating factors- Imprisonment for 3 years and a fine of $ Any other case- Imprisonment for 2 years and a fine of $ Where person deceived over 60 years of age- Imprisonment for 10 years. - Other cases- Imprisonment for 7 years. Section 424 Either way Offence Fraudulent falsification of records. - Where value of property > $10000 no summary penalty available. - Where person deceived over 60 years of age- Imprisonment for 3 years and a fine of $ Other cases- Imprisonment for 2 years and a Imprisonment for 7 years. ODPP s.32 Offence Penalties Table last updated

15 Part VI Offences relating to property and contracts Section 426 Summary conviction penalty for certain stealing and like indictable offences. Stealing, killing animals with intent to steal, severing with intent to steal and bringing stolen goods into WA- where the value of the property in question does not exceed $ ss (2) Stealing or receiving stolen property or attempting to or inciting another to commit the offence of stealing or receiving- where the property in question is a motor vehicle. ss (3) Stealing, killing animals with intent to steal, severing with intent to steal, bringing stolen goods into WA and receiving stolen property- where the value of the property in question does not exceed $ ss (4) Fine of $ ODPP s.32 Offence Penalties Table last updated

16 Part VI Offences relating to property and contracts Section 427 Summary conviction penalty for certain offences of a fraudulent nature. Concealing deeds, s381. Using unregistered brands with criminal intention, s384. Fraudulently dealing with minerals and mines, s385. Concealing royalties, s386. Imprisonment for 2 years. Removing guano without a licence, s387. Imprisonment for 1 year. Fine of $6000. Fraudulent disposition of mortgaged goods s389: - removal or disposal with intent to defraud - destroy, break, injure, kill or damage with intent to deprive mortgagee of security Imprisonment for 2 years. Fraudulent appropriation of electricity, s390. ODPP s.32 Offence Penalties Table last updated

17 Part VI Offences relating to property and contracts Section 428 Possessing stolen or unlawfully obtained property. Section 429 Unlawfully using another person s animal. Section 436 Unlawful fishing. Section 437 Unlawful taking or destroying or attempting to take any fish. Section 440A Unlawful use of computers. - Gains a benefit or causes detriment to a value greater that $ Imprisonment for 10 years. - Gains a benefit or causes detriment- Imprisonment for 5 years. Any other case- Imprisonment for 2 years. Section 444 Criminal damage. only in regard to any other cases- - Where property destroyed by fire- Imprisonment for life. - No fire and Racial aggravation- Imprisonment for 14 years. - Any other case- Imprisonment for 10 years. Only available where property not damaged by fire and amount of the injury does not exceed $ Imprisonment for 3 years and a fine of $ Section 445 Damaging Property Section 473 Forgery and uttering. Imprisonment for 7 years. ODPP s.32 Offence Penalties Table last updated

18 Part VI Offences relating to property and contracts Part VII Preparation to commit offences: Conspiracy: Accessories after the fact Section 474 Section 488 Section 512 Section 514 Section 527 Section 549 Section 557 Section 557D Section 557E Section 557F Section 557G Preparation for forgery. Procuring or claiming unauthorised status. Falsely acknowledging deeds, recognisances etc. Lending certificate for personation. Fraudulent dealing by judgment debtors. Mixing uncertified with certified articles. Making or possession of explosives under suspicious circumstances. Possessing stupefying or overpowering drug or thing. Possessing things to assist unlawful entry to places. Possessing things to assist with unlawful use of conveyances. Possessing things for applying graffiti. Imprisonment for 18 months and a fine of $ Imprisonment for 7 years. Imprisonment for 18 months and a fine of $ Imprisonment for 7 years. Only available where value of property removed/ concealed < $ Imprisonment for 2 years and a Imprisonment for 14 years. Imprisonment for 3 years and a fine of $ Fine of $ Fine of $ Section 557H Possessing a disguise. Fine of $ ODPP s.32 Offence Penalties Table last updated

19 Part VII Preparation to commit offences: Conspiracy: Accessories after the fact Section 557I Section 557J Section 557K Possessing bulletproof clothing. Being declared a drug trafficker and consorts with the other person. Being a child sex offender and consorts with the other person. ss (4) Fine of $ Being a child sex offender and being near a place where children are regularly present. ss (6) ODPP s.32 Offence Penalties Table last updated

20 Bail Act 1982 Part of the Act Section Offence Summary Penalty Part VI Sureties and surety undertakings Part VII Enforcement of bail undertakings Section 50 Section 51 Offence to indemnify surety. Failure to comply with a bail undertaking (breach of bail). $1000 or imprisonment for 12 months or both. Fine up to $ or imprisonment up to 3 years or both. ODPP s.32 Offence Penalties Table last updated

21 Classification (Publication and Computer Games) Enforcement Act 1996 Part of the Act Section Offence Summary Penalty Part 7 Offences Indecent or obscene articles, child pornography Section 59 Intent to sell or supply or sell or supply an indecent or obscene article. ss (1) Publishing indecent or obscene articles. ss (2) Fine of $ Fine of $5000. Display, exhibit or demonstrate an indecent or obscene article in a public place. ss (3) Fine of $ Display, exhibit or demonstrate an indecent or obscene article so as to be visible in a public place ss (4) Fine of $5000. Possess an indecent or obscene article. ss (5) Fine of $5000. Leave in or upon any place an indecent or obscene article. ss (6) Div 3 Films Section 77 Keeping unclassified, RC or X rated films with other films. Fine of $5000 Fine of $ ODPP s.32 Offence Penalties Table last updated

22 Criminal Investigations Act 2006 Part of the Act Section Offence Summary Penalty Part 5 Section 38C Failing to comply with an order given by police in relation to an out of control gathering Part 14 Section 153 Failing to comply with n order given by an officer (eg. breaching move on order) Imprisonment for 12 months or If Circumstances of Aggravation : Imprisonment for 3 years or a fine of $ Fine of $12000 and imprisonment for 12 months. ODPP s.32 Offence Penalties Table last updated

23 Criminal Investigations (Identifying People) Act 2002 Part of the Act Section Offence Summary Penalty Part 3 Personal details of people Part 9 Use and destruction of identifying information Section 16 Section 75 Failing to comply with request to give personal details, or giving false personal details/ evidence. Improper use of information obtained in accordance with the Act. Imprisonment for 12 months. Imprisonment for 2 years. ODPP s.32 Offence Penalties Table last updated

24 Dangerous Sexual Offenders Act 2006 Part of the Act Section Offence Summary Penalty Part 6 Section 40A(1) Contravention of a supervision order without reasonable excuse Imprisonment for 2 years ODPP s.32 Offence Penalties Table last updated

25 Firearms Act 1973 Part of the Act Section Offence Summary Penalty Licensing Offences Section 19(1) Sells, delivers, disposes, purchases or possesses a firearm Summary Penalty (1 firearm) Fine of $200 Section 19(1aa), (1ab) Section 19(1ab)(b) If selling 3 or more firearms of if carrying prohibited drugs and prescribed amount of cash If in possession of 3 or more firearms Indictable Penalty : Imprisonment for 14 years Indictable Penalty : Imprisonment for 10 years Section 19(1ac) Section 19(2) If refused, revoked licence or if firearm is a handgun, or if identifying marks removed or altered Permitting another to in possession of a firearm without a licence. Summary Penalty Imprisonment for 3 years and a Fine of $ Where the firearm is a hand gun: Imprisonment for 5 years. Section 19(5) Section 19AA(1) Conducting a shooting gallery without a licence. Committing offence under Act due to expired licence capable of renewal under s 9A. Any other case: Imprisonment for 3 years or Fine of $ Fine of $ Restrictions, limitations and Conditions Offences relating to licences, permits etc General Offences Section 19AA(2) Section 21 Section 22C Section 23(1) Selling or in possession of an unlicensed paintball gun. Breach or failure to observe a restriction, limitation or condition on a licence. Unlawful altering of a license or using an unlawfully altered licence. Allowing a person to be in possession of a firearm when you ought to have known that person was affected by drugs or alcohol or was of an unsound mind. Fine of $2 000 Fine of $6 000 or Imprisonment for 18 months. Fine of $ Imprisonment for 18 months or a fine of $ ODPP s.32 Offence Penalties Table last updated

26 General Offences Section 23(2) Section 23(3) Actually being in possession of a firearm whilst affected by drugs or alcohol or both. Carrying firearm without licence or permit, and not authorised under s 8. If the firearm was loaded: Imprisonment for 2 years or a fine of $ Any other case: Imprisonment for 18 months or a fine of $ Where firearm is a handgun or prescribed firearm Imprisonment for 7 years - Any other case Imprisonment for 4 years or a fine of $ Section 23(5) Section 23(6) Section 23(7) Section 23(8) Defacing I.D mark on firearm. ss (5)(a) Possessing a firearm with defaced/ altered design or characteristics. ss (5)(b) Altering calibre/ character/ kind so that firearm differs from when original licence/ permit issued. ss (5)(c) Using a contrivance, commonly known as a silencer. Being in possession of a contrivance, commonly known as a silencer. Except whilst playing paint ball, it is unlawful to point a firearm at any other person. - Where firearm is a handgun or prescribed firearm Imprisonment for 3 years or a fine of $ Any other case Imprisonment for 3 years or a fine of $ Where firearm is a handgun or modified in a prescribed manner Imprisonment for 7 years - Any other case Imprisonment for 4 years or a fine of $ Where firearm is a handgun or modified in a prescribed manner Imprisonment for 3 years or a fine of $ Any other case Imprisonment for 2 years or a fine of $ Imprisonment for 7 years. Imprisonment for 3 years or fine of $ Imprisonment for 3 years or ODPP s.32 Offence Penalties Table last updated

27 Section 23(9)(a)(3) Failing to properly store a firearm or not allowing a Police Officer to inspect storage facilities. First offence: Fine of $ Subsequent offence: Imprisonment for 12 months or a fine of $4000. General Offences Section 23(9a) Section 23(10) Discharging a firearm in a manner to cause fear to the public or any person. Using a firearm on land without the express or implied authority of the owner. Police Powers Section 24(6) Failing to answer Police or failing to produce a licence when requested. Ammunition Sales Records Section 30(4) Section 31(2a) False representation when obtaining ammunition. Compiles, maintains or produces records which are known to be incorrect. Imprisonment for 3 years or Fine of $ Fine of $ Fine of $ Fine of $ ODPP s.32 Offence Penalties Table last updated

28 Government Railways Act 1904 Part of the Act Section Offence Summary Penalty Offences on Railways punishable by fine Section 43 (1) to (5) (1) Obstructing an officer; (2) Damage; (3) Defacing any material on the inside of the train; (4) Writes or draws indecent words; (5) Behaves in a violent or offensive manner. Fine of $600. ODPP s.32 Offence Penalties Table last updated

29 s.55(1) s.55(2) s.55(3) s.55(4) s.56(5) Juries Act 1957 Offence Failing without reasonable excuse to obey summons that has been served Failing without reasonable excuse to obey direction given under s.32h(4) [to attend at court in pursuance of a pool precept] Non appearance or wilful withdrawal without reasonable excuse from the presence of the court of a talesman Personating or attempting to personate a person whose name is on a jury panel or a jury pool for the purpose of sitting as a juror Being an employer who has acted prejudicially (Defined in s.56(2) & (3)) against an employee who has been summonsed to do jury service, has done or is doing jury service. Penalty $800 (Infringement Notice) $800 (Infringement Notice) Fine of $5 000 Simple Offence Fine of $5 000 Simple Offence Individuals : Fine of $ Body Corporate : Fine of $ Simple Offences NB. May also be required to pay compensation to employee pursuant to civil proceedings. Can be charged for contempt of court in lieu of simple offences above. ODPP s.32 Offence Penalties Table last updated

30 Misuse of Drugs Act 1981 Part of the Act Section Offence Summary Penalty Part II Offences relating to prohibited drugs and prohibited plants Sections 5(1)(a), 5(1)(b), 5(1)(c) & Section 34(1)(d) Section 5(1)(d) & Section 34(1)(d) Section 5(1)(e) & Section 34(1)(e) Section 6(1) & Section 34(1)(a) & 34(1)(b) & 34(2) Being the occupier, lessee or manager of a premises and permitting the manufacture, preparation, sale, supply or use of a prohibited drug or plant. Possess a utensil. Found in any place which is being used for smoking a prohibited drug or plant other than cannabis. Either Way Possesses with intent to sell or supply, or manufactures or prepares, or sells or supplies or offers to sell or supply, a prohibited drug Note : From Mandatory Sentencing provisions under s.34(3), s.34(5) & s.34(6) if offender was an adult when the offence was committed and : the offence involved a child the offence endangered the life, health or safety of a child under 16 years the offence caused bodily harm to a child under 16 years Imprisonment for a term not exceeding 3 years or a fine not exceeding $3 000 or both. Imprisonment for a term not exceeding 3 years or a fine not exceeding $3 000 or both. Imprisonment for a term not exceeding 2 years or a fine not exceeding $2 000 or both. Indictable Penalty : Fine not exceeding $ or Imprisonment not exceeding 25 years or both. If conspiring with another: Fine not exceeding $75000 or Imprisonment not exceeding 20 years or both. If relating to cannabis only : Fine not exceeding $20000 or Imprisonment not exceeding 10 years or both Summary Penalty Applies to amounts under Schedule III amounts Fine not exceeding $5000 or Imprisonment not exceeding 4 years or both Mandatory Sentencing from If sell or supply to a child or endangered the life, health or safety of a child under 16-1 st Offence Ct must use one of only these options : (a) suspended imprisonment imposed under the Sentencing Act 1995 ODPP s.32 Offence Penalties Table last updated

31 Section 6(2) & Section 34(1)(e) Section 7(1) & Section 34(1)(a) & 34(1)(b) & 34(2) Possess or use a prohibited drug (all prohibited drugs including amphetamines, heroin and cannabis). Either Way Possesses or cultivates with intent to sell or supply, sells or supplies or offers to sell or supply, a prohibited plant. Note : From Mandatory Sentencing provisions under s.34(3), s.34(5) & s.34(6) if offender was an adult when the offence was committed and : the offence involved a child the offence endangered the life, health or safety of a child under 16 years the offence caused bodily harm to a child under 16 years s.39 and Part 11; (b) conditional suspended imprisonment imposed under Sentencing Act 1995 s.39 and Part 12; (c) a term of imprisonment imposed under Sentencing Act 1995 s.39 and Part 13. Subsequent Offence(s) Court must : (a) impose a term of imprisonment of at least 6 months; and (b) not suspend the term of imprisonment. If caused bodily harm to a child under 16 Court must : (a) impose a term of imprisonment of at least 12 months; and (b) not suspend the term of imprisonment. Imprisonment for a term not exceeding 2 years or a fine not exceeding $2 000 or both. Indictable Penalty : Fine not exceeding $ or Imprisonment not exceeding 25 years or both. If conspiring with another: Fine not exceeding $75000 or Imprisonment not exceeding 20 years or both. If relating to cannabis only : Fine not exceeding $20000 or Imprisonment not exceeding 10 years or both Summary Penalty Applies to amounts under Schedule IV amounts Fine not exceeding $5000 ODPP s.32 Offence Penalties Table last updated

32 Section 7(2) & Section 34(1)(e) Section 7A(1) & Section 34(1)(c) Possession or cultivation of a prohibited plant. Either Way Sale or supply of any thing that the seller knows will be used to cultivate a prohibited plant contrary to s.7(1)(a) or s.7(2) by hydroponic means or Imprisonment not exceeding 4 years or both. Mandatory Sentencing from If sell or supply to a child or endangered the life, health or safety of a child under 16-1 st Offence Ct must use one of only these options : (d) suspended imprisonment imposed under the Sentencing Act 1995 s.39 and Part 11; (e) conditional suspended imprisonment imposed under Sentencing Act 1995 s.39 and Part 12; (f) a term of imprisonment imposed under Sentencing Act 1995 s.39 and Part 13. Subsequent Offence(s) Court must : (c) impose a term of imprisonment of at least 6 months; and (d) not suspend the term of imprisonment. If caused bodily harm to a child under 16 Court must : (c) impose a term of imprisonment of at least 12 months; and (d) not suspend the term of imprisonment. Imprisonment for a term not exceeding 2 years or a fine not exceeding $2 000 or both. Indictable Penalty : Fine not exceeding $20000 or Imprisonment not exceeding 5 years or both Summary Penalty : Fine not exceeding$2000 or Imprisonment not exceeding 2 years or both ODPP s.32 Offence Penalties Table last updated

33 Section 8(1) & Section 34(1)(d) Section 14(1) Section 14(1) Fraudulent behaviour in relation to a prohibited drug. Either Way Possession of a substance or substances that contain a quantity of a Category 1 item or a Category 2 item that exceeds the quantity prescribed. Note : From Mandatory Sentencing provisions under s.34(3), s.34(5) & s.34(6) if offender was an adult when the offence was committed and : the offence involved a child the offence endangered the life, health or safety of a child under 16 years the offence caused bodily harm to a child under 16 years Possession of a Category 1 itme or a Category 2 item Imprisonment for a term not exceeding 3 years or a fine not exceeding $3 000 or both. Indictable Penalty : Fine of $ or Imprisonment for 5 years or both Summary Penalty : Fine of $ or Imprisonment for 3 years or both. Mandatory Sentencing from If sell or supply to a child or endangered the life, health or safety of a child under 16-1 st Offence Ct must use one of only these options : (g) suspended imprisonment imposed under the Sentencing Act 1995 s.39 and Part 11; (h) conditional suspended imprisonment imposed under Sentencing Act 1995 s.39 and Part 12; (i) a term of imprisonment imposed under Sentencing Act 1995 s.39 and Part 13. Subsequent Offence(s) Court must : (e) impose a term of imprisonment of at least 6 months; and (f) not suspend the term of imprisonment. If caused bodily harm to a child under 16 Court must : (e) impose a term of imprisonment of at least 12 months; and (f) not suspend the term of imprisonment. Fine of $ or Imprisonment for 3 years or both ODPP s.32 Offence Penalties Table last updated

34 Section 19A Section 19B Selling cannabis smoking paraphernalia to children ss (2) Selling or displaying for sale cannabis smoking paraphernalia to others ss(3) Selling ice pipes to children ss(2) Selling or displaying for sale, ice pipes to others ss(3) Fine of $ or Imprisonment for 2 years or both Fine of $ Fine of $ or Imprisonment for 2 years or both Fine of $ ODPP s.32 Offence Penalties Table last updated

35 Police Act 1892 Part of the Act Section Offence Summary Penalty Part II Regulations, duties and discipline of the Police Force. Part IIA Police Board Section 16 Section 16A Section 33G Unauthorised possession of Police Clothing. Unauthorised use of the term Detective. Failure to comply with any requirement of the Board. Imprisonment for 9 months and a fine of $ Fine of $ Fine of $100. ODPP s.32 Offence Penalties Table last updated

36 Restraining Orders Act 1997 Part of the Act Section Offence Summary Penalty Part 6 General Div 3 Breach of restraining order or police order Section 61(1) Section 61(2) Section 61(2a) Breach of a Violence Restraining Order. Breach of a Misconduct Restraining Order. Breach of a Police Order Fine of $6 000 or imprisonment for 2 years or both. Fine of $ Fine of $6 000 or imprisonment for 2 years or both. Part 6 General Div 4 General Section 71(3) Section 71(6) Failure of a restrained person to answer the questions of the person who is serving the firearms order. A responsible person or co-licensee who is notified and allows the restricted person to have access to a firearm. Fine of $2 000 or imprisonment for 9 months. Responsible person: fine of $ Co-licensee: fine of $4 000 or imprisonment for 12 months. ODPP s.32 Offence Penalties Table last updated

37 Road Traffic Act 1974 (1PU = $50) Section Offence 1 st Conviction 2 nd Conviction Subsequent Conviction s.15(3) s.20(3) s.49(1) Using an unlicenced vehicle Continuing to use number plates or vehicle licence when cheque for licencing fees is dishonoured No MDL, or permits another to drive without MDL s49(1)(a) Fine not exceeding $500 and the cost of licencing the vehicle for 6 months Fine of $100 Fine of $300 Up to $300 fine Up to $600 fine s 49(1) Person no longer authorised to drive because of penalty enforcement laws s49(1)(b) and (3)(d). $200 to $ 1500 fine and up to 12 months imprisonment, and court may order disqualification from holding/ obtaining MDL for up to 3 years ODPP s.32 Offence Penalties Table last updated

38 s 49 (1) Person applied for but refused Aust driver licence s49(1)(c) and(3)(a). $400 to $2 000 fine and up to 12 months imprisonment. $1 000 to $4 000 fine and up to 18 months imprisonment, and court shall order disqualification from holding or obtaining MDL for 9 mths to 3 yrs. - Person never held Aust driver licence and is disqualified from holding one s49(1)(c) and (3)(b) s 50 s 50A s.53(1) - Person s authority to drive is suspended for reasons other than penalty enforcement laws s49(1)(c) and (3)(c). Unauthorised driving by learner drivers Person carrying licence authorised by an external licensing authority breaching condition to which licence is subject to and can lawfully be complied with in this state. Up to Failure to Stop Refuse/False name or address Fine of $300 $400 fine $800 fine Up to Up to $300 fine Up to Up to $600 fine s.53(1) From Refuse/False name or address From Fine of $300 From Fine of $600 s. 53(2) Failing to produce Up to $200 fine drivers licence on demand, or within a reasonable time after demand. s.53(2a) From Failing to stop Fine of $1200 Fine of $2 400 ODPP s.32 Offence Penalties Table last updated

39 s.53(2a) cont Failing to stop while evading pursuit by police Circumstances of Aggravation Imprisonment for 2 years Min. penalty is a fine of $5 000 AND Ct must order disqualification of MDL for not less than 2 years s. 53(3) Person present at scene of accident and, in Police opinion, able to give evidence, failing to provide/ providing false details. s.53(4) Person reasonably suspected of committing offence against Act failing to provide/ providing false s.54(1) and (2) details. Either way offence Driver involved in incident occasioning bodily harm failing to stop or to ensure victim receives all assistance necessary. s.54(6) Driver involved in incident occasioning bodily harm failing to provide details s 55(1) Driver involved in incident where property damaged failing to stop s. 55(4) Driver involved in incident where property damaged failing to provide details s. 56(1) Either way offence Driver failing to report incident occasioning bodily harm $200 fine $300 fine $600 fine - where incident occasioned death Imprisonment for 20 years - where incident occasioned GBH - Imprisonment for 14 years - any other case - Imprisonment for 10 years and if of serious nature MDL disq for such term as court sees fit [see s.54(4)]. - only available in any other case (not when incident occasions death or GBH) Imprisonment for 3 years and if of serious nature MDL disq for such term as court sees fit [see s.54(4)]. Fine of $1500 Fine of $1500 and if of serious nature MDL disq for such term as court sees fit. $1 500 fine -where incident occasions death or GBH Imprisonment for 10 years and court must order MDL disq for at least 12 mths. - where incident occasions death or GBH, or any other case Imprisonment for 12 mths and court must order MDL disq for at least 12 mths. ODPP s.32 Offence Penalties Table last updated

40 s. 56 (4) Driver failing to report incident in which property is damaged s. 57 Responsible person for vehicle failing to provide/ providing false details when driver in incident where motor vehicle occasioned death s. 58(1) and (2) or bodily harm Responsible person for a vehicle failing to provide ss(1)/ providing false ss(2) details leading to I.D of driver allegedly committing driving offence in that vehicle $400 fine $800 fine $3 000 fine or Imprisonment for 12 months $1 200 fine $ fine Offence by person other than an individual: $5 000 fine s. 58A Responsible person for a vehicle failing to take reasonable measures to comply with driver identity request $ 1200 fine $ fine Offence by person other than an individual: $5 000 fine ODPP s.32 Offence Penalties Table last updated

41 s.59(1) Up to s.59a Either way Offence Dangerous Driving Causing Death or GBH Up to Dangerous Driving Causing Bodily Harm ss(3) Death or GBH And the driver was either under the influence of alcohol or drugs OR was driving dangerously. Aggravated - - Death: Imp for 20 years and a fine of any amount - GBH- Imp for 14 years and a fine of any amount. Any other case: - Death: Imp for 10 years and a fine of any amount - GBH: Imp for 7 years and a fine of any amount From if Aggravated (Escaping Pursuit) Ct must sentence imprisonment for at least 12 months and must not suspend sentence. In any event the court shall order MDL disq for at least 2 years Imp for 3 years or a fine of $ and court shall order MDL disq for at least 2 years. NB. From Summary conviction penalty does not apply in a case in which the incident occasioned the death of another person. Up to Fine of $4,000 or up to 9 mths imp and in any event MDL disq for at least 12 mths Up to Fine of $8,000 or up to 18 mths imp and in any event MDL disq for at least 18 mths Aggravated ss(3a) Regardless of whether first or subsequent offence Ind: 7yrs imp and a fine of any amount, and in any event MDL disq for at least 2yrs Sum: $8,000 fine or 18 mths imp and in any event MDL disq for at least 18 mths ODPP s.32 Offence Penalties Table last updated

42 From s.59a From Dangerous Driving Causing Bodily Harm ss(3) From Fine of $9,000 or up to 9 mths imp and in any event MDL disq for at least 12 mths From Fine of $18,000 or up to 18 mths imp and in any event MDL disq for at least 18 mths Aggravated ss(3a) Regardless of whether first or subsequent offence Ind: 10yrs imp and a fine of any amount, and in any event MDL disq for at least 2yrs Sum: $36,000 fine or 3 yrs imp and in any event MDL disq for at least 18 mths If aggravated (evading pursuit) Ct must sentence imprisonment of at least 6 mths and not suspend imprisonment Up to s.60(1) Up to Reckless driving Up to $2,000 fine or 9 mths imp and in any event MDL disq for at least 6 mths Up to $3,000 fine 9 mths imp and in any event MDL disq for at least 12 mths Up to $4 000 fine or 12 mths imp and in any event MDL disq permanently From s.60(1) From Reckless driving Either way offence If escaping pursuit (aggravated circumstance) n Nb: conviction under s.31 of repealed Act deemed a prior conviction From $6,000 fine or 9 mths imp and in any event MDL disq for at least 6 mths From $9,000 fine 9 mths imp and in any event MDL disq for at least 12 mths From $ fine or 12 mths imp and in any event MDL disq permanently Indictable Penalty : Imprisonment for 5 years Imprisonment for 2 years Ct must sentence imprisonment of at least 6 mths and not suspend imprisonment and if 1 st /2 nd offence disq MDL for not less than 2 years, if 3 rd offence disq MDL for life Nb: conviction under s.31 of repealed Act deemed a prior conviction ODPP s.32 Offence Penalties Table last updated

43 Up to s.61(1) Up to Dangerous driving Up to Fine of $800 Up to Fine of $2,000 fine or 9 mths imp and in any event MDL disq for at least 12 mths Nb: conviction under ss.31 or 31A of repealed Act or ss.59 or 60 RTA deemed a prior conviction From s.61(1) From Dangerous driving From Fine of $3000 From Fine of $6,000 fine or 9 mths imp and in any event MDL disq for at least 12 mths Circumstance of Aggravation (Evading Pursuit) If evading pursuit Fine of $ or imprisonment for 3 years and in any event MDL disq for at least 2 years Nb: conviction under ss.31 or 31A of repealed Act or ss.59 or 60 RTA deemed a prior conviction s.62 Careless Driving $600 fine s. 62A Causing excessive noise/ smoke $600 fine. ODPP s.32 Offence Penalties Table last updated

44 s.63(1) Driving under influence Prior to if previous convicted 0.08 (s. 64): fine not less than minimum that would apply if offence against s.64 but no more than $ and court shall order MDL disq for period not less than minimum period if offence against s.64. Prior to $1,500 to $3,500 fine or up to 9 mths imp and mandatory MDL disq at least 2 yrs From Fine min $2100 to max $3500 or Imprisonment for 9 mths and mandatory MDL Disq 30 mths min. Prior to $2,000 to $5,000 fine or up to 18 mths imp and mandatory permanent MDL disq From Fine min $2100 to max $5000 or Imprisonment for 18mths and mandatory MDL Disq for life. - no previous s.64 conviction: $800 to $2,500 fine and mandatory MDL disq at least 6 mths From if previous convicted 0.08 (s. 64): fine of $1600 min and $2500 max and court shall order MDL Disq for - if only 1 prior 0.08% offence - 18 mths min - if 2 or more prior 0.08% offences - Disq 30 mths min. From Same as penalty from plus on the spot or within 10 days of alleged offence immediate disqualification of licence for 2 months (s.71c(3)). From Same as penalty from plus on the spot or within 10 days of alleged offence immediate disqualification of licence for 2 months (s.71c(3)). - no previous 0.08% offences fine of $900 min to $2,500 max and mandatory MDL Disq 10 mths min. From Same as penalty from plus on the spot or within 10 days of alleged offence immediate disqual of licence for 2 mth (s.71c(3)). ODPP s.32 Offence Penalties Table last updated

45 s.64(1) Driving with/excess 0.08% Nb: conviction under s.32 of repealed Act or s.67 RTA post RTA Amd Act (No.2) 1982 deemed a prior conviction 1 st Conviction 2 nd Conviction Subsequent Conviction 0.08% but <0.09% $400 to $1,500 fine least 3 mths Prior to $800 to $1,500 fine least 6 mths $800 to $1,500 fine least 6 mths 0.09% but <0.10% $500 to $1,500 fine least 3 mths $800 to $1,500 fine least 6 mths $800 to $1,500 fine least 7 mths 0.10% but <0.11% $500 to $1,500 fine least 4 mths $1,000 to $1,500 fine least 6 mths $1,000 to $1,500 fine least 8 mths 0.11% but <0.12% $600 to $1,500 fine least 4 mths $1000 to $1,500 fine least 7 mths $1000 to $1,500 fine least 9 mths 0.12% but <0.13% $600 to $1,500 fine least 5 mths $1,200 to $1,500 fine least 8 mths $1,200 to $1,500 fine least 10 mths 0.13% but <0.14% $700 to $1,500 fine least 5 mths $1,200 to $1,500 fine least 10 mths $1,200 to $1,500 fine least 12 mths 0.14% $700 to $1,500 fine least 6 mths $1,200 to $1,500 fine least 12 mths $1,200 to $1,500 fine least 14 mths Nb: conviction under ss.32, 32AA or 32B(9) of repealed Act or DUI (ss.63) or Fail Comply (s67) RTA deemed a prior conviction From % but <0.09% $500 min to $1500 max fine and MDL disq 6 mths min $600 min to $1500 max fine and MDL disq 8 mths min $600 min to $1500 max fine and MDL disq 10 mths min ODPP s.32 Offence Penalties Table last updated

46 0.09% but <0.11% $550 min to $1500 max fine and MDL disq 7 mths min $900 min to $1500 max fine and MDL disq 10 mths min $900 min to $1500 max fine and MDL disq 13 mths min 0.11% but <0.13% $650 min to $1500 max fine and MDL disq 8 mths min $1200 min to $2000 max fine and MDL disq 14 mths min $1200 min to $2000 max fine and MDL disq 17 mths min 0.13% $750 min to $1500 max fine and MDL disq 9 mths min $1600 min to $2500 max fine and MDL disq 18 mths min $1600 min to $3000 max fine and MDL disq 30 mths min Nb: conviction under ss.32, 32AA or 32B(9) of repealed Act or DUI (ss.63) or Fail to Comply (s67) RTA deemed a prior conviction From % but <0.09% 0.09% but <0.11% 0.11% but <0.13% Same as penalty from plus on the spot or within 10 days of alleged offence immediate disqualification of licence for 2 months (s.71c(3)). Same as penalty from plus on the spot or within 10 days of alleged offence immediate disqualification of licence for 2 months (s.71c(3)). Same as penalty from plus on the spot or within 10 days of alleged offence immediate disqualification of licence for 2 months (s.71c(3)). Same as penalty from plus on the spot or within 10 days of alleged offence immediate disqualification of licence for 2 months (s.71c(3)). Same as penalty from plus on the spot or within 10 days of alleged offence immediate disqualification of licence for 2 months (s.71c(3)). Same as penalty from plus on the spot or within 10 days of alleged offence immediate disqualification of licence for 2 months (s.71c(3)). Same as penalty from plus on the spot or within 10 days of alleged offence immediate disqualification of licence for 2 months (s.71c(3)). Same as penalty from plus on the spot or within 10 days of alleged offence immediate disqualification of licence for 2 months (s.71c(3)). Same as penalty from plus on the spot or within 10 days of alleged offence immediate disqualification of licence for 2 months (s.71c(3)). ODPP s.32 Offence Penalties Table last updated

47 s.64aa(1) 0.13% Driving with/excess 0.05% Same as penalty from plus on the spot or within 10 days of alleged offence immediate disqualification of licence for 2 months (s.71c(3)). Same as penalty from plus on the spot or within 10 days of alleged offence immediate disqualification of licence for 2 months (s.71c(3)). Same as penalty from plus on the spot or within 10 days of alleged offence immediate disqualification of licence for 2 months (s.71c(3)). 1st Conviction 2 nd Conviction Subsequent Convictions Prior to % but <0.06% 0.06% but <0.07% 0.07% but <0.08% $200 fine $250 to $500 fine least 3 mths $200 fine $300 to $500 fine least 3 mths $200 fine $350 to $500 fine least 3 mths $250 to $500 fine least 3 mths $300 to $500 fine least 3 mths $350 to $500 fine least 3 mths Nb: conviction under 0.08%s (s64), DUI (s.63) or Fail to Comply (s67) RTA deemed a prior conviction From s.64a(1) 0.05% but <0.07% 0.07% but <0.08% Probationary driver with/excess 0.02% $500 max fine No MDL Disq $500 max fine No MDL Disq Fine $500 min to $1000 max and MDL Disq 6 mths min Fine $500 min to $1000 max and MDL Disq 8 mths Fine $500 min to $1000 max and MDL Disq 8 mths min Fine $500 min to $1500 max and MDL Disq 10 mths min min NB: conviction under 0.08%s (s64), DUI (s.63) or Fail to Comply (s67) RTA deemed a prior conviction Prior to $100 to $300 fine least 3 mths From Fine $150 min to $300 max and MDL Disq 3 mths min NB. Since 1 Oct 2011 there are 2 distinct offences in s64a (64A(1) & 64A(4)). Both have the same penalties ODPP s.32 Offence Penalties Table last updated