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SENTENCING ACT 1991 - SECT 11A

Fixing of non-parole period for baseline offence

    (1)     This section applies to a court when fixing, in accordance with section 11, a non-parole period

        (a)     for a baseline offence; or

        (b)     in respect of a total effective sentence imposed in respect of 2 or more sentences, at least one of which is for a baseline offence.

    (2)     This section also applies to a court when fixing, in accordance with section 14, a new single non-parole period in circumstances where the further sentence is a sentence of imprisonment for a baseline offence.

    (3)     However, this section does not apply to a court when fixing a non-parole period for a baseline offence if—

        (a)     the offender was under the age of 18 at the time of its commission; or

        (b)     the offence is heard and determined summarily.

    (4)     The non-parole period must be at least—

        (a)     30 years if the relevant term is the term of the offender's natural life; or

        (b)     70% of the relevant term if that term is a term of 20 years or more; or

        (c)     60% of the relevant term if that term is a term of less than 20 years.

    (5)     In subsection (4) "the relevant term" is—

        (a)     if a non-parole period is being fixed for a baseline offence, the sentence for that offence; and

        (b)     if a non-parole period is being fixed in respect of a total effective sentence referred to in subsection (1)(b), that sentence.

    (6)     Nothing in this section affects the fixing of a non-parole period for an offence that is not a baseline offence or in respect of a total effective sentence imposed in respect of 2 or more sentences, none of which is for a baseline offence.



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