Households and property owners
- If someone commits one of the listed offences in an occupied place and uses violence/threats or a weapon or imitation weapon, judges must treat that as aggravating. This can lead to a higher sentence than in similar cases without those facts (s.348.1).
- If you live in an area with slow emergency response or far from services, crimes against you or your property may be treated as more serious at sentencing (s.718.2(a)(iii.11)).
People in remote or rural communities
- Crimes against you or your property may carry higher sentences because the law recognizes your higher vulnerability due to remoteness or slow response times (s.718.2(a)(iii.11)).
- Courts will look at evidence about response times or remoteness when it is presented (s.718.2(a)(iii.11)).
Accused persons and defendants
- If you were in custody before sentencing, the judge must consider why you were detained, as recorded in the bail decision, when deciding credit for time served (s.719(3.01), s.515(9.1)).
- In the listed offences, if the place was occupied and you knew or were reckless about that and used violence/threats or had a weapon or imitation weapon, that will count against you at sentencing (s.348.1).
Businesses (including remote locations)
- If located where emergency response is slow or far, crimes against your property may draw higher sentences under the new aggravating factor (s.718.2(a)(iii.11)).
Police, prosecutors, and courts
- Sentencing may require evidence about emergency response times or remoteness, and about whether a place was occupied and the offender’s knowledge or recklessness (s.718.2(a)(iii.11), s.348.1).
- Judges must consult the recorded reason for pre‑sentence detention when setting credit for time served (s.719(3.01), s.515(9.1)).