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CRIMES (SENTENCING PROCEDURE) ACT 1999 - SECT 33
Outstanding charges may be taken into account
33 Outstanding charges may be taken into account
(1) When dealing with the offender for the principal offence, the court is to
ask the offender whether the offender wants the court to take any further
offences into account in dealing with the offender for the principal offence.
(2) The court may take a further offence into account in dealing with the
offender for the principal offence- (a) if the offender- (i) admits guilt to
the further offence, and
(ii) indicates that the offender wants the court to
take the further offence into account in dealing with the offender for the
principal offence, and
(b) if, in all of the circumstances, the court
considers it appropriate to do so.
(3) If the court takes a further offence
into account, the penalty imposed on the offender for the principal offence
must not exceed the maximum penalty that the court could have imposed for the
principal offence had the further offence not been taken into account.
(4) A
court may not take a further offence into account- (a) if the offence is of a
kind for which the court has no jurisdiction to impose a penalty, or
(b) if
the offence is an indictable offence that is punishable with imprisonment for
life.
(5) For the purposes of subsection (4) (a), a court is taken to have
jurisdiction to impose a penalty for an offence even if that jurisdiction may
only be exercised with the consent of the offender.
(6) Despite subsection
(4) (a), the Supreme Court, the Court of Criminal Appeal and the District
Court may take a summary offence into account.
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