Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

CRIMES ACT 1914 - SECT 16AAC

Exclusions and reductions--minimum penalties

People aged under 18

  (1)   Section   16AAA and subsection   16AAB(2) do not apply to a person who was aged under 18 years when the offence that the relevant provision specifies a minimum penalty for was committed.

Reduction of minimum penalty

  (2)   A court may impose a sentence of imprisonment of less than the period specified in column 2 of an item of a table in section   16AAA or subsection   16AAB(2) only if the court considers it appropriate to reduce the sentence because of either or both of the following:

  (a)   the court is taking into account, under paragraph   16A(2)(g), the person pleading guilty;

  (b)   the court is taking into account, under paragraph   16A(2)(h), the person having cooperated with law enforcement agencies in the investigation of:

  (i)   in relation to any of items   1A to 1E of the table in section   16AAA--the offence or an offence against subsection   80.2H(1) or 80.2HA(1) or Part   5.3 or 5.5 of the Criminal Code ; or

  (ii)   in relation to any of items   1 to 15 of the table in section   16AAA or any of the items in the table in subsection   16AAB(2)--the offence or a Commonwealth child sex offence.

  (3)   If a court may reduce a sentence, the court may reduce the sentence as follows:

  (a)   if the court is taking into account, under paragraph   16A(2)(g), the person pleading guilty--by an amount that is up to 25% of the period specified in column 2 of the applicable item in the relevant table;

  (b)   if the court is taking into account, under paragraph   16A(2)(h), the person having cooperated with law enforcement agencies in the investigation of:

  (i)   in relation to any of items   1A to 1E of the table in section   16AAA--the offence or an offence against subsection   80.2H(1) or 80.2HA(1) or Part   5.3 or 5.5 of the Criminal Code ; or

  (ii)   in relation to any of items   1 to 15 of the table in section   16AAA or any of the items in the table in subsection   16AAB(2)--the offence or a Commonwealth child sex offence;

    by an amount that is up to 25% of the period specified in column 2 of the applicable item in the relevant table;

  (c)   if the court is taking into account both of the matters in paragraphs   (a) and (b)--by an amount that is up to 50% of the period specified in column 2 of the applicable item in the relevant table.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback