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develop and publish directives dealing with the sentencing of persons
after conviction of offences under the Act, and the provision of presentencing reports and information concerning the impact of the sexual
offence on the complainant.29 A number of other sections contemplate the
imposition of a sentence on a person convicted of contravening any of the
provisions in chapters 2, 3 and 4 that creates an offence. The National
Register for Sex Offenders, provided for in s 42, must contain particulars
of the sentence imposed on an offender whose name falls to be included
in the Register.30 Among the persons whose names must be included in
the Register are those who are serving or have served a sentence of
imprisonment as the result of a conviction for a sexual offence against a
child or a person who is mentally disabled.31
[22] The Act thus expressly renders criminal the conduct described in
the various sections in chapters 2, 3 and 4 thereof and contemplates the
imposition of sentences on offenders. Its aim is the prosecution and
sentencing of persons who commit these offences. This is not a matter of
implication but is expressly stated in the Act. The difficulties raised by R
v Forlee do not arise in this case.
The issues
[23] Against this background, the conclusion by the high court that the
charge sheet did not disclose an offence was, on the face of it, incorrect.
It undoubtedly disclosed an offence, unless the absence of a penalty in the
Act itself, or elsewhere in other legislation, has the effect of displacing
the clear language of these sections and rendering their statement that
particular conduct is a criminal offence nugatory. That raises two separate
29 Section 66(2)(a)(viii).
30 Section 49(b)(iv). If the conviction and sentence took place in a foreign country the equivalent
information must be included (s 49(c)).
31 Section 50(1)(a)(iii) read with s 50(2)(a)(i). See also s 55.
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