§ 74C — Enhanced penalties for offences against victims in intimate relationships

74C.—(1) Subsection (2) applies where an offender (A) is convicted of any offence under Chapter 16 (except an offence punishable with death or imprisonment for life) committed against a person (B) who was or is in an intimate relationship with A.[15/2019]

(2) When the offender (A) commits an offence against B, the court may sentence the person convicted of the offence to punishment not exceeding twice the maximum punishment that the court could, but for this section, impose for the offence if at the time of committing the offence A knew or ought reasonably to have known that B was or is in an intimate relationship with A.[15/2019]

(3) This section does not apply where the offender (A) proves that, despite A having been or being in an intimate relationship with B, the relationship between A and B did not adversely affect B’s ability to protect B from A in respect of the harm caused by the offence.[15/2019]

(4) Despite anything to the contrary in the Criminal Procedure Code 2010 —(a)

a Magistrate’s Court has jurisdiction to try the offences to which subsection (2) applies, where no imprisonment is prescribed or where twice the maximum term of imprisonment prescribed for the offence does not exceed 5 years, and has power to impose the full punishment provided under subsection (2) in respect of those offences; and

(b)

a District Court has jurisdiction to try the offences to which subsection (2) applies and has power to impose the full punishment provided under subsection (2) in respect of those offences.[15/2019]

(5) For the purpose of this section, the court may determine whether the offender (A) was or is in an intimate relationship with the victim (B) having regard to all the circumstances of the case, including the following:(a)

whether A and B are living in the same household, although it is not necessary that they live in the same household;

(b)

whether A and B share the tasks and duties of their daily lives;

(c)

whether A and B have made arrangements to share expenses or financial support and the degree of financial dependence or interdependence between A and B;

(d)

whether there is a sexual relationship between A and B, although it is not necessary that there be a sexual relationship between them;

(e)

whether A and B share the care and support of a specific person below 21 years of age;

(f)

whether A and B conduct themselves toward their friends, relatives or other persons as parties to an intimate relationship, and whether A and B are so treated by their friends, relatives or other persons.[15/2019]

—(1) Subsection (2) applies where an offender (A) is convicted of any offence under Chapter 16 (except an offence punishable with death or imprisonment for life) committed against a person (B) who was or is in an intimate relationship with A.[15/2019]

(2) When the offender (A) commits an offence against B, the court may sentence the person convicted of the offence to punishment not exceeding twice the maximum punishment that the court could, but for this section, impose for the offence if at the time of committing the offence A knew or ought reasonably to have known that B was or is in an intimate relationship with A.[15/2019]

(3) This section does not apply where the offender (A) proves that, despite A having been or being in an intimate relationship with B, the relationship between A and B did not adversely affect B’s ability to protect B from A in respect of the harm caused by the offence.[15/2019]

(4) Despite anything to the contrary in the Criminal Procedure Code 2010 —(a)

a Magistrate’s Court has jurisdiction to try the offences to which subsection (2) applies, where no imprisonment is prescribed or where twice the maximum term of imprisonment prescribed for the offence does not exceed 5 years, and has power to impose the full punishment provided under subsection (2) in respect of those offences; and

(b)

a District Court has jurisdiction to try the offences to which subsection (2) applies and has power to impose the full punishment provided under subsection (2) in respect of those offences.[15/2019]

(5) For the purpose of this section, the court may determine whether the offender (A) was or is in an intimate relationship with the victim (B) having regard to all the circumstances of the case, including the following:(a)

whether A and B are living in the same household, although it is not necessary that they live in the same household;

(b)

whether A and B share the tasks and duties of their daily lives;

(c)

whether A and B have made arrangements to share expenses or financial support and the degree of financial dependence or interdependence between A and B;

(d)

whether there is a sexual relationship between A and B, although it is not necessary that there be a sexual relationship between them;

(e)

whether A and B share the care and support of a specific person below 21 years of age;

(f)

whether A and B conduct themselves toward their friends, relatives or other persons as parties to an intimate relationship, and whether A and B are so treated by their friends, relatives or other persons.[15/2019]