(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). (4C) A court must not impose a sentence that involves S. 5(4C) inserted by the confinement of the offender unless it considers No. 69/2014 that the purpose or purposes for which the s. 16. sentence is imposed cannot be achieved by a community correction order to which one or more of the conditions referred to in sections 48F, 48G, 48H, 48I and 48J are attached. (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. 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No. 41/1993 (1) If the Act that creates an offence, or prescribes the s. 5, maximum penalty for an offence, specifies a repealed by No. 48/1997 period as the baseline sentence for the offence, s. 7(3), then— new s. 5A inserted by (a) the offence is a baseline offence; and No. 52/2014 s.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.
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(4C) inserted by No. 69/2014 s. 16. (4C) 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 community correction order to which one or more of the conditions referred to in sections 48F, 48G, 48H, 48I and 48J are attached. 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), 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.
91-49a172.docx