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This is a Bill, not an Act. For current law, see the Acts databases.
2013
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Crimes (Sentencing) Amendment Bill 2013
A Bill for
An Act to amend the
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
1 Name of Act
This Act is the Crimes (Sentencing) Amendment Act 2013.
2 Commencement
This Act commences on the day after its notification day.
Note The naming and commencement provisions automatically commence on
the notification day (see
, s 75 (1)).
3 Legislation amended
This Act amends the
.
4 Sentencing—relevant considerations
New section
33 (1) (ka)
insert
(ka) any assistance by the defence in the administration of justice (see section 35A);
5 New section 35A
insert
35A Reduction of sentence—assistance in administration of justice
(1) This section applies if—
(a) an offender is convicted or found guilty of an offence; and
(b) before or after the conviction or finding of guilt, the defence assisted in the administration of justice for the offence.
Example—par (b)
an admission made by the defence pre-trial or during a trial
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act
, s 126 and s 132).
(2) A court may impose a lesser penalty (including a shorter nonparole period) on the offender than it would otherwise have imposed having regard to the degree of assistance provided in the administration of justice.
(3) A lesser penalty imposed under this section must not be unreasonably disproportionate to the nature and circumstances of the offence.
(4) For this section, assistance in the administration of justice does not include assistance—
(a) consisting only of a plea of guilty under section 35; or
(b) given to law enforcement authorities under section 36.
(5) In this section:
defence means—
(a) the offender; or
(b) any lawyer representing the offender.
6 Reduction of sentence—statement by court about
penalty
Section 37 (1)
after
section 35 (Reduction of sentence—guilty plea)
insert
, section 35A (Reduction of sentence—assistance in administration of justice)
7 Section 37 (2) (b)
before
section 36
insert
section 35A or
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 6 June 2013.
2 Notification
Notified under the
on 2013.
3 Republications of amended laws
For the latest republication of amended laws, see www.legislation.act.gov.au
.
© Australian Capital Territory 2013
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