(1) In sentencing an offender for an offence against section 15A or 15B of the Crimes Act 1958 (whether on appeal or otherwise), a court must impose a term of imprisonment and fix under section 11 a non-parole period of not less than 4 years unless the court finds under section 10A that a special reason exists.
Section 11(3) requires that a non-parole period must be at least 6 months less than the term of the sentence.
(2) Subsection (1) does not apply to—
S. 10(2)(aa) inserted by No. 69/2014 s. 3.
(aa) an offender to the sentencing
of whom section 10AA(1) applies; or
S. 10(2)(a) substituted by No. 63/2014 s. 7(18).
(a) a person who is involved in the commission of the offence within the meaning of section 323(1)(a) or (b) of the Crimes Act 1958 ; or
Note to s. 10(2)(a) repealed by No. 63/2014 s. 7(19).
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(b) a person who is under the age of 18 years at the time of the commission of the offence.
S. 10AA (Heading) amended by No. 28/2016 s. 3(1), substituted by Nos 43/2017 s. 46(5), 48/2018 s. 78(1).
S. 10AA inserted by No. 69/2014 s. 4 (as amended by No. 79/2014 s. 67).