Northern Territory Consolidated Acts

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SENTENCING ACT 1995 - SECT 78DB

Exceptional circumstances exemption

    (1)     If a court is required to impose a minimum sentence of a specified period of actual imprisonment for an offence and the court is satisfied that the circumstances of the case are exceptional:

        (a)     a provision of this Subdivision requiring the court to impose a minimum sentence of a specified period does not apply in relation to the offender; and

        (b)     the court must instead comply with section 78CB as if that section applied to the case.

    (2)     In deciding whether it is satisfied that circumstances of a case are exceptional, the court may have regard to:

        (a)     any victim impact statement or victim report presented to the court under section 106B; and

        (b)     any other matter the court considers relevant.

    (3)     The following do not constitute exceptional circumstances of a case:

        (a)     that the offender was voluntarily intoxicated by alcohol, drugs or a combination of alcohol and drugs at the time the offender committed the offence;

        (b)     that another person:

            (i)     was involved in the commission of the offence; or

            (ii)     coerced the person to commit the offence.



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