Page 4178 - Week 13 - Tuesday, 15 November 2005

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omit clause 33 (1) (y), substitute

(y) current sentencing practices in the States.

Clause 33 (2) and (3)

Page 34, line 27—

omit clause 33 (2) and (3), substitute

(2) The court may have regard to any other matter the court considers appropriate.

Proposed new clause 33A

Page 35, line 12—

insert

33A Sentencing—regard to guideline judgments

(1) In deciding the sentence to be imposed on an offender for an offence, a court must have regard to any relevant guideline judgment.

(2) If a court imposes on the offender a sentence that is inconsistent with the relevant guideline judgment, the court must give written reasons for the inconsistency.

(3) This section is in addition to and does not limit section 33.

(4) In this section:

guideline judgment, for an offence, means a judgment of the Court of Appeal that is expressed to contain guidelines to be taken into account by courts sentencing offenders.

Note For the power to make guideline judgments, see pt 4.1A.

Schedule 2

Crimes (Sentencing) Bill 2005

Amendments moved by the Attorney-General

Clause 18 (4)

Page 17, line 23—

omit clause 18 (4), substitute

(4) This section is subject to section 133A (Operation of ancillary and restitution orders).

Clause 19 (4)

Page 19, line 7—

after

chapter 7 (Reparation orders)

insert

and section 133A (Operation of ancillary and restitution orders)

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