s. 6 (4B) A court must not impose a sentence that involves S. 5(4B) the confinement of the offender unless it considers inserted by No. 2/2002 that the purpose or purposes for which the s. 4(5), sentence is imposed cannot be achieved by a drug amended by No. 65/2011 treatment order. s. 4(3). (5) A court must not impose a drug treatment order S. 5(5) amended by unless it considers that the purpose or purposes for No. 65/2011 which the sentence is imposed cannot be achieved s. 4(4). by a community correction order. (6) A court must not impose a community correction S. 5(6) amended by order unless it considers that the purpose or 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. * * * * * S. 5A inserted by No. 41/1993 s. 5, repealed by No. 48/1997 s. 7(3). 6 Factors to be considered in determining offender's character In determining the character of an offender a court may consider (among other things)— (a) the number, seriousness, date, relevance and nature of any previous findings of guilt or convictions of the offender; and (b) the general reputation of the offender; and (c) any significant contributions made by the offender to the community.
S. 5(4B) inserted by No. 2/2002 s. 4(5), amended by No. 65/2011 s. 4(3). (4B) 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 drug treatment order. S. 5(5) amended by No. 65/2011 s. 4(4). (5) A court must not impose a drug treatment order unless it considers that the purpose or purposes for which the sentence is imposed cannot be achieved by a community correction order. 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 S. 5A inserted by No. 41/1993 s. 5, repealed by No. 48/1997 s. 7(3). * * * * * 6 Factors to be considered in determining offender's character s. 6 In determining the character of an offender a court may consider (among other things)— (a) the number, seriousness, date, relevance and nature of any previous findings of guilt or convictions of the offender; and (b) the general reputation of the offender; and (c) any significant contributions made by the offender to the community.
91-49a155.docx