Territory Stories

Minutes of Proceedings Day 1 - Tuesday 16 June 2015

Details:

Title

Minutes of Proceedings Day 1 - Tuesday 16 June 2015

Other title

Parliamentary Record 21

Collection

Minutes of Proceedings for 12th Assembly 2012 - 2016; ParliamentNT; Parliamentary Record; 12th Assembly 2012 - 2016

Date

2015-06-16

Notes

Made available by the Legislative Assembly of the Northern Territory

Language

English

Subject

Minutes of Proceedings

Publisher name

Hansard Office

Place of publication

Darwin

File type

application/pdf

Use

Attribution International 4.0 (CC BY 4.0)

Copyright owner

Legislative Assembly of the Northern Territory

License

https://creativecommons.org/licenses/by/4.0/

Parent handle

https://hdl.handle.net/10070/268469

Citation address

https://hdl.handle.net/10070/438360

Page content

MINUTES OF PROCEEDINGS Tuesday 16 June 2015 625 (ii) a sentence that takes into account exceptional circumstances under section 78DI of the Sentencing Act, if the Court is satisfied that, if the Court were imposing a sentence on the defendant, the circumstances of the case would be exceptional. Amendment agreed to. Mr Elferink moved the following amendment to clause 5 Clause 5, proposed section 60AU omit, insert 60AU Court to have regard to material for sentence indication (1) Before giving a sentence indication to a defendant, the Court must have regard to the following: (a) a statement of the agreed facts on which the charge is based; (b) the defendant's criminal record. (2) The Court must also have regard to a victim impact statement or victim report if the statement or report is available at the time of the sentence indication. (3) However, the Court is not required to have regard to a victim impact statement or victim report that is available at the time of the sentence indication if: (a) section 78DH of the Sentencing Act applies to the offence; and (b) the Court would not have regard to the victim impact statement or victim report if the Court were: (i) imposing the sentence on the defendant; and (ii) deciding whether the Court was satisfied that the circumstances of the case were exceptional under section 78DI of the Sentencing Act. (4) The Court may have regard to any other material that is relevant to the offence and available at the time of the sentence indication. (5) In this section: victim impact statement, see section 106A of the Sentencing Act. victim report, see section 106A of the Sentencing Act. Amendment agreed to. Clause 5 as amended agreed to. Clause 6 to 11 taken together and agreed to. Clause 12 read. Mr Elferink moved the following amendment to clause 12 Clause 12, proposed section 123A(1)(b)


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