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Legislative Assembly for the ACT: 2005 Week 14 Hansard (22 November) . . Page.. 4462..


Schedules of Amendments

Schedule 1

Crimes (Sentencing) Bill 2005

Amendments moved by Mr Stefaniak

13

Clause 34 (1)

Page 35, line 14-

omit everything before clause 34 (1) (a), substitute

(1) In deciding the sentence to be imposed on an offender for an offence, a court must not increase the severity of the sentence it would otherwise have imposed because of any of the following:

14

Clause 34 (1) (d)

Page 35, line 22-

omit

15

Clause 34 (1) (e)

Page 35, line 24-

omit

16

Clause 34 (2)

Page 36, line 4-

omit

In deciding how an offender should be sentenced

substitute

In deciding the sentence to be imposed on an offender

18

Proposed new part 4.1A

Page 41, line 13-

insert

Part 4.1A Guideline judgments

39A Guideline judgments-generally

(1) The Court of Appeal may, on its own initiative or at the request of the Attorney-General under section 39B, give a guideline judgment to be taken into account by courts when sentencing offenders.

(2) A guideline judgment may be given separately or in any proceeding that the Court of Appeal considers appropriate.

(3) A guideline judgment may be given in a proceeding even if it is not necessary for deciding the proceeding.


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