Northern Territory Consolidated Acts

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SENTENCING ACT 1995 - SECT 78DI

Exceptional circumstances exemption

    (1)     This section applies if:

        (a)     a court is required to impose a minimum sentence of a specified period of actual imprisonment for an offence; and

        (b)     the court is satisfied that the circumstances of the case are exceptional.

    (2)     If this section applies:

        (a)     a provision of this subdivision requiring a 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 78DG as if that section applied to the case.

    (3)     In deciding whether it is satisfied as mentioned in subsection (1)(b), 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.

    (3A)     When sentencing an offender in relation to an offence consisting of domestic violence, a court may consider the circumstances of the case to be exceptional if:

        (a)     the Court ordered the offender to take part in a rehabilitation program under section 24(1) of the Domestic and Family Violence Act 2007 in relation to the offence; and

        (b)     the offender satisfactorily completes the rehabilitation program in accordance with section 85B of the Domestic and Family Violence Act 2007 ; and

        (c)     the Court is satisfied that the offender has taken responsibility for the offender's conduct and has made a genuine effort to change the offender's behaviour.

    (4)     For subsection (1)(b), the following do not constitute exceptional circumstances:

        (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.

    (5)     In this section:

"domestic violence", see section 4 of the Domestic and Family Violence Act 2007 .



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