# Crimes and Sentencing (Fairness in Minor Judicial Proceedings) Amendment Bill

### 1. Title

This Act may be cited as the Crimes and Sentencing (Fairness in Minor Judicial Proceedings) Amendment Act 2020.

### 2. Commencement

This Act comes into force one month after receiving the Royal Assent.

### 3. Purpose

The purpose of this Act is to

(a) Amend the Crimes Act 1961 to create a good faith defence for minor fines and;

(b) Amend the Sentencing Act 1991 to introduce a presumption against sentences of imprisonment for minor instances of offending.

### 4. Principal Act amended

This Act amends the Crimes Act 1961 (the principal Act).

### 4. Secondary Act amended

This Act amends the Sentencing Act 1991 (the secondary Act).

### Part one: Amendments to the Principal Act

### 5. New section 61B inserted (Error in good faith)

Insert a new section 61B following section 61A:
>
>### 61B. Error in good faith
>
>(1) It is a good defence where an individual has recklessly or without knowledge made an error in an attempt to comply with good law, if the individual:
>
> * (a) Has acted with reasonably and with good faith to seek a resolution, upon discovery of the error and;
>
>* (b) Agrees to renumerate the state to the best of their abilities over a reasonable time and;
>
> * (c\) Has not previously and successfully used this defence.
>
>(2) This section applies to every section in every act except those:
>
> * (a) With a maximum penalty greater than a fine of $10,000.
>
> * (b) Involving violence, force, that are of a sexual nature, or involve other moderate to major offending.
>
> * ( c ) Where otherwise specified.

### Part two: Amendments to the Secondary Act.

### 6. Section 16 of the Secondary Act amended (Sentence of imprisonment)

Insert a new subsection following subsection (3)

>(4) The Court must not impose a sentence of imprisonment for category 2 offences unless the Crown has proved beyond reasonable doubt:

> * (a) That it would be manifestly unjust to not to impose a sentence of imprisonment when considering:

>>(i) All or any of the purposes in section 7(1)(a) to (c\), (e), (f), or (g); and

>>(ii) Mitigating and aggravating factors in section 9; and

>>(iii) Any offer, agreement, response, or measure to make amends in section 10.

> * (b) Those purposes cannot be reasonably achieved by a sentence other than imprisonment; and

> * (c\) No other sentence would be just or safe when considering the application of the principles in section 8 to the particular case.

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The Crimes and Sentencing (Fairness in Minor Judicial Proceedings) Amendment Bill was authored and sponsored by /u/toastinrussian CNZM MP, the Minister of Justice, on behalf of the government.