Legislative Assembly for the ACT: 2006 Week 2 Hansard (7 March) . . Page.. 421..
Crimes (Offences Against Pregnant Women) Amendment Bill 2005
Amendment moved by the Attorney-General
Proposed new section 48A (2) to (5)
Page 6, line 13-
(2) The offence is an aggravated offence if-
(a) the offence was committed against a pregnant woman; and
(b) the commission of the offence caused-
(i) the loss of, or serious harm to, the pregnancy; or
(ii) the death of, or serious harm to, a child born alive as a result of the pregnancy.
(3) However, the offence is not an aggravated offence if the defendant proves, on the balance of probabilities, that the defendant did not know, and could not reasonably have known, that the woman was pregnant.
(4) If the prosecution intends to prove that the offence is an aggravated offence, the relevant factors of aggravation must be stated in the charge.
(5) To remove any doubt-
(a) it is not necessary for the prosecution to prove that the defendant had a fault element in relation to any factor of aggravation; and
(b) the Criminal Code, chapter 2 (other than the applied provisions) does not apply to an offence to which this section applies, whether or not it is an aggravated offence.