s. 10 (b) is not required to announce— (i) the sentences that would have been imposed for each offence had separate sentences been imposed; or (ii) whether those sentences would have been imposed concurrently or cumulatively. S. 9(4A) (4A) For the avoidance of doubt, an aggregate sentence inserted by of imprisonment may be imposed in respect of No. 48/2012 s. 44(2). convictions for offences that are the subject of a rolled-up charge or a representative charge. Note A representative charge is a charge in an indictment for an offence that is representative of a number of offences of the same type alleged to have been committed by the accused. A rolled-up charge is a charge in an indictment that alleges that the accused has committed more than one offence of the same type between specified dates. (5) Subsection (4) does not affect the requirements of S. 9(5) inserted by section 6AAA. No. 30/2010 s. 5. S. 10 10 Custodial sentence must be imposed for gross amended by violence offences No. 41/1993 s. 6, (1) In sentencing an offender for an offence against expired by force of section 15A or 15B of the Crimes Act 1958 No. 49/1991 (whether on appeal or otherwise), a court must s. 10(5), new s. 10 impose a term of imprisonment and fix under inserted by section 11 a non-parole period of not less than No. 6/2013 s. 9. 4 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.
(b) is not required to announce— (i) the sentences that would have been imposed for each offence had separate sentences been imposed; or (ii) whether those sentences would have been imposed concurrently or cumulatively. S. 9(4A) inserted by No. 48/2012 s. 44(2). (4A) For the avoidance of doubt, an aggregate sentence of imprisonment may be imposed in respect of convictions for offences that are the subject of a rolled-up charge or a representative charge. Note A representative charge is a charge in an indictment for an offence that is representative of a number of offences of the same type alleged to have been committed by the accused. A rolled-up charge is a charge in an indictment that alleges that the accused has committed more than one offence of the same type between specified dates. S. 9(5) inserted by No. 30/2010 s. 5. (5) Subsection (4) does not affect the requirements of section 6AAA. S. 10 amended by No. 41/1993 s. 6, expired by force of No. 49/1991 s. 10(5), new s. 10 inserted by No. 6/2013 s. 9. 10 Custodial sentence must be imposed for gross violence offences s. 10 (1) In sentencing an offender for an offence against section 15A or 15B of the Crimes Act 1958 (whether on appeal or otherwise), a court must impose a term of imprisonment and fix under section 11 a non-parole period of not less than 4 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.
91-49a148.docx