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Schedule 9—Additional sentencing factors for certain offences

Schedule 9 Additional sentencing factors for certain offences

   

Criminal Code Act 1995

1  Subsection 272.30(1) of the Criminal Code

Omit all the words after “the court” (first occurring), substitute:

                   must take into account the following matters:

                     (a)  the age and maturity of the person in relation to whom the offence was committed;

                     (b)  if that person was under 10 when the offence was committed—that fact as a reason for aggravating the seriousness of the criminal behaviour to which the offence relates;

                     (c)  the number of people involved in the commission of the offence.

2  After subsection 272.30(1) of the Criminal Code

Insert:

          (1A)  However, the court need only take into account a matter mentioned in subsection (1) so far as the matter is known to the court and, for a matter mentioned in paragraph (1)(a) or (c), relevant.

3  At the end of Subdivision C of Division 471 of the Criminal Code

Add:

471.29A   Sentencing

             (1)  In determining the sentence to be passed, or the order to be made, in respect of a person for an offence against this Subdivision, the court must take into account the following matters:

                     (a)  the age and maturity of the person in relation to whom the offence was committed;

                     (b)  if that person was under 10 when the offence was committed—that fact as a reason for aggravating the seriousness of the criminal behaviour to which the offence relates;

                     (c)  the number of people involved in the commission of the offence.

             (2)  However, the court need only take into account a matter mentioned in subsection (1) so far as the matter is known to the court and, for a matter mentioned in paragraph (1)(a) or (c), relevant.

             (3)  The matters mentioned in subsection (1) are in addition to any other matters the court must take into account (for example, the matters mentioned in section 16A of the Crimes Act 1914 ).

4  At the end of Subdivision F of Division 474 of the Criminal Code

Add:

474.29AA   Sentencing

             (1)  In determining the sentence to be passed, or the order to be made, in respect of a person for an offence against this Subdivision, the court must take into account the following matters:

                     (a)  the age and maturity of the person in relation to whom the offence was committed;

                     (b)  if that person was under 10 when the offence was committed—that fact as a reason for aggravating the seriousness of the criminal behaviour to which the offence relates;

                     (c)  the number of people involved in the commission of the offence.

             (2)  However, the court need only take into account a matter mentioned in subsection (1) so far as the matter is known to the court and, for a matter mentioned in paragraph (1)(a) or (c), relevant.

             (3)  The matters mentioned in subsection (1) are in addition to any other matters the court must take into account (for example, the matters mentioned in section 16A of the Crimes Act 1914 ).

5  Application provision

The amendments made by this Schedule apply in determining the sentence to be passed, or the order to be made, in respect of a person for an offence that is committed on or after the commencement of this item.