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PENALTIES AND SENTENCES ACT 1992 - SECT 161R
Court must impose term of imprisonment
161R Court must impose term of imprisonment
(1) This section applies to the sentencing of an offender convicted of a
prescribed offence committed with a serious organised crime circumstance of
aggravation.
(2) The court must impose on the offender a term of imprisonment
consisting of the following components— (a) a sentence of imprisonment for
the prescribed offence imposed under the law apart from this part and without
regard to the following (the
"base component" )— (i) the sentence that must be imposed on the offender
under paragraph (b) ;
(ii) the control order that must be made for the
offender under section 161V ;
(b) (other than if a sentence of life
imprisonment is imposed as the base component or the offender is already
serving a term of life imprisonment) a sentence of imprisonment (the
"mandatory component" ) for the lesser of the following periods— (i) 7
years;
(ii) the period of imprisonment provided for under the maximum penalty
for the prescribed offence.
Note— See the Corrective Services Act 2006 ,
sections 181 (2A) and (2B) and 181A (3) and (4) in relation to the parole
eligibility date of an offender whose sentence under this subsection does not
include a mandatory component.
(3) The mandatory component— (a) must be
ordered to be served cumulatively with the base component; and
(b) despite
any other provision of this Act under which another sentence may be ordered,
must be ordered to be served wholly in a corrective services facility; and
(c) must not be mitigated or reduced under this Act or another Act or any law.
(4) Also, if the offender is serving, or has been sentenced to serve,
imprisonment for another offence, the mandatory component must be ordered to
be served cumulatively with the imprisonment for the other offence.
(5)
Despite subsection (3) (a) , if the base component does not require the
offender to immediately serve a sentence of imprisonment in a corrective
services facility— (a) the offender is to immediately begin to serve the
mandatory component; and
(b) the base component is to have effect, so far as
practicable, at the end of the mandatory component.
(6) If the court is
sentencing the offender for more than 1 prescribed offence committed with a
serious organised crime circumstance of aggravation, the court must impose the
mandatory component for only 1 of the offences.
(7) When deciding which
prescribed offence to use for imposing the mandatory component, the court must
choose the offence that will result in the offender serving the longest period
of imprisonment available under this Act or another Act for the offences.
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