Northern Territory Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

SENTENCING ACT 1995 - SECT 123

Old offences relevant in determining previous convictions

    (1)     A finding of guilt or conviction of an old offence counts as a finding of guilt or conviction of a new offence for the purpose of determining whether or not a person has previously been found guilty or convicted of the new offence.

    (2)     For this section:

        (a)     an old offence is an offence under a repealed statutory provision which is constituted by the same acts, omissions, matters, circumstances or things as an offence (the new offence) under an Act or an instrument of a legislative or administrative character which substantially re-enacts (whether in the same language or not) the repealed statutory provision; and

        (b)     a repealed statutory provision is an Act or a provision of an Act that has been repealed or an instrument of a legislative or administrative character or a provision of such an instrument that has been repealed or revoked.

    (3)     This section applies even where the new offence differs from the old offence in:

        (a)     its penalty; or

        (b)     the procedure applicable to its prosecution; or

        (c)     its classification; or

        (d)     its name;

unless a contrary intention appears in the Act or the instrument of a legislative or administrative character that creates the new offence.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback