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SENTENCING ACT 1991 - SECT 5B

Sentencing for a standard sentence offence

    (1)     This section applies in relation to sentencing an offender for a standard sentence offence unless—

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

        (b)     the offence is heard and determined summarily; or

        (c)     section 162 makes this section inapplicable because of when the offence is alleged to have been committed.

    (2)     In sentencing an offender for a standard sentence offence, a court—

        (a)     must take the standard sentence into account as one of the factors relevant to sentencing; and

        (b)     despite section 5(2)(b), must only have regard to sentences previously imposed for the offence as a standard sentence offence in relation to the sentencing for which this section applied.

    (3)     Subsection (2)—

        (a)     does not limit the matters that a court is otherwise required or permitted to take into account in determining the appropriate sentence for a standard sentence offence; and

        (b)     is not intended to affect the approach to sentencing known as instinctive synthesis.

    (4)     A court that sentences an offender for a standard sentence offence must at the time of doing so state the reasons for—

        (a)     imposing that sentence; and

        (b)     any non-parole period fixed in accordance with section 11 as part of that sentence if that period is shorter than the period specified in section 11A(4)(a) , (b) or (c), as the case requires.

    (5)     As part of its reasons under subsection (4), a court must refer to the standard sentence for the offence and explain how the sentence imposed by it relates to that standard sentence.



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