(1) If the Act that creates an offence, or prescribes the maximum penalty for an offence, specifies a period as the standard sentence for the offence, then—
(a) the offence is a standard sentence offence; and
(b) the period specified as the standard sentence for the offence is the sentence for an offence that, taking into account only the objective factors affecting the relative seriousness of that offence, is in the middle of the range of seriousness.
(2) An offence of conspiracy to commit, incitement to commit or attempting to commit a standard sentence offence is itself not a standard sentence offence.
(3) For the purposes of subsection (1)(b), objective factors affecting the relative seriousness of an offence are to be determined—
(a) without reference to matters personal to a particular offender or class of offenders; and
(b) wholly by reference to the nature of the offending.
S. 5B inserted by No. 52/2014 s. 5, repealed by No. 34/2017 s. 6, new s. 5B inserted by No. 34/2017 s. 19.