s. 9B (c) the notice has not been revoked under section 9A(8). (2) In sentencing the offender, the court must impose a term of imprisonment and fix under section 11 a non-parole period of not less than 10 years unless the court finds under section 10A that a special reason exists. Note Section 11(3) requires that a non-parole period must be at least 6 months less than the term of the sentence. (3) Subsection (2) applies to the court in sentencing the offender only if— (a) the court is satisfied beyond reasonable doubt that— (i) the offender in company with 2 or more other persons caused the victim's death; or (ii) the offender entered into an agreement, S. 9B(3)(a)(ii) substituted by arrangement or understanding with 2 or No. 72/2014 s. 10. more persons to engage in the conduct that resulted in the victim's death; and Note See Subdivision (1) (Complicity in commission of offences) of Division 1 of Part II of the Crimes Act 1958. (b) the court is also satisfied beyond reasonable doubt that— (i) the offender planned in advance to have with him or her and to use an offensive weapon or firearm, and in fact used the offensive weapon or firearm to cause the victim's death; or (ii) the offender planned in advance to engage in the conduct that resulted in the victim's death and at the time of the
(c) the notice has not been revoked under section 9A(8). (2) In sentencing the offender, the court must impose a term of imprisonment and fix under section 11 a non-parole period of not less than 10 years unless the court finds under section 10A that a special reason exists. Note Section 11(3) requires that a non-parole period must be at least 6 months less than the term of the sentence. (3) Subsection (2) applies to the court in sentencing the offender only if— (a) the court is satisfied beyond reasonable doubt that— (i) the offender in company with 2 or more other persons caused the victim's death; or S. 9B(3)(a)(ii) substituted by No. 72/2014 s. 10. (ii) the offender entered into an agreement, arrangement or understanding with 2 or more persons to engage in the conduct that resulted in the victim's death; and Note See Subdivision (1) (Complicity in commission of offences) of Division 1 of Part II of the Crimes Act 1958. (b) the court is also satisfied beyond reasonable doubt that— s. 9B (i) the offender planned in advance to have with him or her and to use an offensive weapon or firearm, and in fact used the offensive weapon or firearm to cause the victim's death; or (ii) the offender planned in advance to engage in the conduct that resulted in the victim's death and at the time of the