Page 4463 - Week 14 - Tuesday, 22 November 2005

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(4) A guideline judgment may be reviewed, varied or revoked in a later guideline judgment.

(5) This section does not limit any power or jurisdiction that the Court of Appeal has apart from this section.

39B Guideline judgments—request by Attorney-General

(1) The Attorney-General may request the Court of Appeal to give a guideline judgment.

(2) The request for a guideline judgment may include submissions about the proposed guidelines.

Proposed new clause 66A

Page 65, line 9—

insert

66A Nonparole periods—standard periods

(1) This section applies if a court is setting a nonparole period for an offender under section 65 or section 66 in relation to an offence for which there is a standard nonparole period.

(2) The court must set the standard nonparole period as the nonparole period for the offence unless the court considers that there are reasons for setting a nonparole period for the offence that is longer or shorter than the standard nonparole period.

(3) When setting the nonparole period for the offence, the court may have regard to any relevant aggravating circumstance mentioned in subsection (4) (other than a circumstance that is an element of the offence) and any relevant mitigating circumstance mentioned in subsection (5).

(4) Aggravating circumstances to which the court may have regard include the following:

(a) the victim is a police officer, emergency services worker, correctional officer, judicial officer, health professional, health or community worker or teacher and the offence arose because of the victim’s occupation;

(b) the offence involved the actual or threatened use of violence;

(d) the offender has a record of previous convictions;

(e) the offence was committed in company with someone else;

(f) the offence involved gratuitous cruelty;

(g) the injury, emotional harm, loss or damage caused by the offence was substantial;

(h) the offence was committed without regard for public safety;

(i) the offence was committed while the offender was on bail in relation to an offence or alleged offence;

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