(1) In this section
—
circumstances of aggravation means circumstances
in which an offence is committed that —
(a) are
not elements of the offence; and
(b)
increase the statutory penalty for the offence.
(2) If, on a plea of
guilty by the accused, a superior court is required to determine in
proceedings under this Act whether the offence was committed in circumstances
of aggravation, that determination is the determination of a question of fact
for the purposes of section 146.
[Section 145A inserted: No. 45 of 2016 s. 46.]