Crimes Amendment (Bail and Sentencing) Act 2006 (171 of 2006)

Schedule 1   Amendments

Crimes Act 1914

5B   After subsection 19B(1)

Insert:

(1A) However, the court must not take into account under subsection (1) any form of customary law or cultural practice as a reason for:

(a) excusing, justifying, authorising, requiring or lessening the seriousness of the criminal behaviour to which the offence relates; or

(b) aggravating the seriousness of the criminal behaviour to which the offence relates.

(1B) In subsection (1A):

criminal behaviour includes:

(a) any conduct, omission to act, circumstance or result that is, or forms part of, a physical element of the offence in question; and

(b) any fault element relating to such a physical element.