Queensland Consolidated Acts

PENALTIES AND SENTENCES ACT 1992 - SECT 161C

(1) This section applies for deciding whether an offender is sentenced—

(a) under section 161A(a)—to 10 or more years imprisonment (the specified years of imprisonment); or

(b) under section 161B(3)—to 5 or more, but less than 10, years imprisonment (also the specified years of imprisonment);

for an offence—

(c) against a provision mentioned in schedule 1; or

(d) of counselling or procuring the commission of, or attempting or conspiring to commit, an offence against a provision mentioned in schedule 1.

(2) An offender is sentenced to the specified years of imprisonment if—

(a) the offender is sentenced to a term of imprisonment of the specified years for the offence; or

(b) the term of imprisonment to which the offender is sentenced for the offence is part of a period of imprisonment of the specified years imposed on convictions consisting of the conviction on which the offender is being sentenced and any 1 or more of the following—

(i) a conviction of an offence mentioned in subsection (1)(c) or (d);

(ii) a conviction declared to be a conviction of a serious violent offence under section 161B.

(3) For subsection (2), whether the offender is sentenced to the specified years of imprisonment must be calculated as at the day of sentence.