s 8B Enhanced penalty for offence against victim in intimate relationship with offender
8B.—(1) This section applies where an offender (A) is convicted of —(a) an offence under section 3, 4, 5 or 7 that is committed on or after 1 January 2020 against a victim who was or is in an intimate relationship with A; or (b) an offence under section 10 that is committed on or after 1 January 2020 for failure to comply with an order given in respect of a victim of a contravention of section 3, 4, 5 or 7 who was or is in an intimate relationship with A, and the enhanced penalty under section 8 does not apply to that conviction. [17/2019] (2) The court may sentence A to punishment not exceeding twice the maximum punishment that the court could impose for the offence under section 3, 4, 5, 7 or 10 (as the case may be), if at the time of committing the offence A knew or ought reasonably to have known that the victim (B) was or is in an intimate relationship with A.[17/2019] (3) In this section, the court may determine whether B was or is in an intimate relationship with A 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.[17/2019] (4) Subsection (2) does not apply where 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. [17/2019] (5) In subsection (4), “harm” means —(a) any physical harm; (b) harassment, alarm, distress or humiliation; or[Act 23 of 2025 wef 29/06/2026] (c) being caused to believe that unlawful violence will be used against the victim.[17/2019]