(6) A court must not impose a community correction S. 5(6) order unless it considers that the purpose or amended by No. 65/2011 purposes for which the sentence is imposed cannot s. 4(5). be achieved by imposing a fine. (7) A court must not impose a fine unless it considers that the purpose or purposes for which the sentence is imposed cannot be achieved by a dismissal, discharge or adjournment. 5A Sentencing for a baseline offence S. 5A inserted by No. 41/1993 (1) If the Act that creates an offence, or prescribes the s. 5, maximum penalty for an offence, specifies a repealed by No. 48/1997 period as the baseline sentence for the offence, s. 7(3), then— new s. 5A inserted by (a) the offence is a baseline offence; and No. 52/2014 s. 5. (b) the period specified as the baseline sentence for the offence is the sentence that the Parliament intends to be the median sentence for sentences imposed for that offence in accordance with this section. (2) Sentencing practices must give effect to the intention set out in subsection (1)(b). (3) In sentencing an offender for a baseline offence, a court— (a) must do so in a manner that is compatible with Parliament's intention as set out in subsection (1)(b); and (b) for the purpose of doing so, must disregard any provision of this Part (including the requirement to have regard to current sentencing practices) if not to do so would be incompatible with that intention; and
S. 5(6) amended by No. 65/2011 s. 4(5). (6) A court must not impose a community correction order unless it considers that the purpose or purposes for which the sentence is imposed cannot be achieved by imposing a fine. (7) A court must not impose a fine unless it considers that the purpose or purposes for which the sentence is imposed cannot be achieved by a dismissal, discharge or adjournment. S. 5A inserted by No. 41/1993 s. 5, repealed by No. 48/1997 s. 7(3), new s. 5A inserted by No. 52/2014 s. 5. 5A Sentencing for a baseline offence (1) If the Act that creates an offence, or prescribes the maximum penalty for an offence, specifies a period as the baseline sentence for the offence, then— (a) the offence is a baseline offence; and (b) the period specified as the baseline sentence for the offence is the sentence that the Parliament intends to be the median sentence for sentences imposed for that offence in accordance with this section. (2) Sentencing practices must give effect to the intention set out in subsection (1)(b). (3) In sentencing an offender for a baseline offence, a court— (a) must do so in a manner that is compatible with Parliament's intention as set out in subsection (1)(b); and (b) for the purpose of doing so, must disregard any provision of this Part (including the requirement to have regard to current sentencing practices) if not to do so would be incompatible with that intention; and