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SENTENCING ACT 1991 - SECT 6AAA

Sentence discount for guilty plea

    (1)     If—

        (a)     in sentencing an offender, a court imposes a less severe sentence than it would otherwise have imposed because the offender pleaded guilty to the offence; and

        (b)     the sentence imposed on the offender is or includes—

              (i)     an order under Division 2 of Part 3; or

S. 6AAA
(1)(b)(ia) inserted by No. 65/2016 s. 5.

        (ia)     an order that the offender serve a term of imprisonment; or

S. 6AAA
(1)(b)(ib) inserted by No. 65/2016 s. 5.

        (ib)     a community correction order for a period of 2 years or more; or

              (ii)     a fine exceeding 10 penalty units; or

              (iii)     an aggregate fine exceeding 20 penalty units—

the court must state the sentence and the non-parole period, if any, that it would have imposed but for the plea of guilty.

    (2)     If an offender is sentenced for more than one offence in the same proceeding and subsection (1)(a) and (b) apply, the court must state, in respect of any total effective period of imprisonment—

        (a)     the sentence; and

        (b)     the non-parole period, if any—

that it would have imposed but for the plea of guilty and need not state those matters in respect of each offence.

    (3)     In the case of a sentence other than a sentence referred to in subsection (1)(b), the court may state the sentence that it would have imposed but for the plea of guilty.

S. 6AAA(4) amended by No. 22/2009 s. 5, substituted by No. 48/2012 s. 43.

    (4)     If the court makes a statement under this section, it must record or cause to be recorded (whether in writing or another form) the matters stated under subsection (1), (2) or (3), as the case may be.

    (5)     For the purposes of this section, an aggregate sentence imposed in respect of two or more offences is to be treated as a sentence imposed in respect of one offence.

Pt 2AA (Heading and ss 6AA–6AG) inserted by No. 13/2003 s. 4.

Part 2AA—Guideline judgments

S. 6AA inserted by No. 13/2003 s. 4.



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