(2D) In having regard to the conduct of the offender S. 5(2D) under subsection (2C), the court may consider the inserted by No. 60/1993 extent to which the offender complied with, or s. 26, failed to comply with, a requirement imposed on substituted by No. 35/1999 the offender by or under Part 5.5 of Chapter 5 of s. 37(2), the Criminal Procedure Act 2009. amended by Nos 68/2009 s. 97(Sch. item 110.3), 30/2010 s. 24. (2E) An offender who pleads guilty to an offence after S. 5(2E) inserted by the determination by the Court of Appeal of a No. 60/1993 s. 26, question of law reserved under section 302(2) of amended by the Criminal Procedure Act 2009 is to be taken Nos 109/1994 s. 34(14)(a), to have pleaded guilty immediately after 19/1999 arraignment. s. 16(2), 68/2009 s. 97(Sch. item 110.4). (3) A court must not impose a sentence that is more severe than that which is necessary to achieve the purpose or purposes for which the sentence is imposed. (4) A court must not impose a sentence that involves the confinement of the offender unless it considers that the purpose or purposes for which the sentence is imposed cannot be achieved by a sentence that does not involve the confinement of the offender. S. 5(4A) * * * * * inserted by No. 48/1997 s. 8(1), amended by No. 2/2002 s. 4(4), repealed by No. 65/2011 s. 4(2).
S. 5(2D) inserted by No. 60/1993 s. 26, substituted by No. 35/1999 s. 37(2), amended by Nos 68/2009 s. 97(Sch. item 110.3), 30/2010 s. 24. (2D) In having regard to the conduct of the offender under subsection (2C), the court may consider the extent to which the offender complied with, or failed to comply with, a requirement imposed on the offender by or under Part 5.5 of Chapter 5 of the Criminal Procedure Act 2009. S. 5(2E) inserted by No. 60/1993 s. 26, amended by Nos 109/1994 s. 34(14)(a), 19/1999 s. 16(2), 68/2009 s. 97(Sch. item 110.4). (2E) An offender who pleads guilty to an offence after the determination by the Court of Appeal of a question of law reserved under section 302(2) of the Criminal Procedure Act 2009 is to be taken to have pleaded guilty immediately after arraignment. (3) A court must not impose a sentence that is more severe than that which is necessary to achieve the purpose or purposes for which the sentence is imposed. (4) A court must not impose a sentence that involves the confinement of the offender unless it considers that the purpose or purposes for which the sentence is imposed cannot be achieved by a sentence that does not involve the confinement of the offender. S. 5(4A) inserted by No. 48/1997 s. 8(1), amended by No. 2/2002 s. 4(4), repealed by No. 65/2011 s. 4(2). * * * * *
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