Northern Territory Numbered Acts

JUSTICE LEGISLATION AMENDMENT (SUMMARY PROCEDURE) ACT 2015 (NO 20 OF 2015) - SECT 11

After section 108

insert

108A     Stating and recording requirement for sentence after guilty plea

    (1)     This section applies if:

    (a)     an offender has pleaded guilty to and been found guilty of an offence in the Court of Summary Jurisdiction; and

    (b)     in sentencing the offender the magistrate has:

        (i)     had regard to the plea of guilty and the stage in the proceedings at which the offender pleaded guilty; and

        (ii)     imposed a sentence that is less severe than the sentence that the magistrate would have imposed but for the plea of guilty.

    (2)     In imposing the sentence, the magistrate must also state and record the sentence that the magistrate would have imposed but for the plea of guilty.

    (3)     However, it is not an error of law if a magistrate does not state and record the sentence mentioned in subsection (2).