§ 74D — Enhanced penalties for offences against victims in close relationships

74D.—(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 a close 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 a close relationship with A.[15/2019]

(3) This section does not apply where the offender (A) proves that, despite A having been or being in a close 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) In this section, the offender (A) was or is in a close relationship with the victim (B) where —(a)

A is a member of the same household as B; and

(b)

A and B had frequent contact with each other.[15/2019]

(6) For the purposes of subsection (5), A and B are to be treated as members of the same household if —(a)

they live in the same household; or

(b)

they do not live in the same household, but A or B visits the household to which the other belongs so often and for such periods of time that it is reasonable to regard A and B as being members of the same household.[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 a close 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 a close relationship with A.[15/2019]

(3) This section does not apply where the offender (A) proves that, despite A having been or being in a close 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) In this section, the offender (A) was or is in a close relationship with the victim (B) where —(a)

A is a member of the same household as B; and

(b)

A and B had frequent contact with each other.[15/2019]

(6) For the purposes of subsection (5), A and B are to be treated as members of the same household if —(a)

they live in the same household; or

(b)

they do not live in the same household, but A or B visits the household to which the other belongs so often and for such periods of time that it is reasonable to regard A and B as being members of the same household.[15/2019]