s. 5 under section 119, 120(2) or 121 of that Act in relation to that order. (2C) In sentencing an offender a court may have regard S. 5(2C) inserted by to the conduct of the offender on or in connection No. 60/1993 with the trial or hearing as an indication of s. 26, amended by remorse or lack of remorse on his or her part. Nos 35/1999 s. 37(1)(a)(b), 68/2009 s. 97(Sch. item 110.2). (2D) In having regard to the conduct of the offender S. 5(2D) inserted by under subsection (2C), the court may consider the No. 60/1993 extent to which the offender complied with, or s. 26, substituted by failed to comply with, a requirement imposed on No. 35/1999 the offender by or under Part 5.5 of Chapter 5 of s. 37(2), amended by the Criminal Procedure Act 2009. 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 question of law reserved under section 302(2) of s. 26, amended by the Criminal Procedure Act 2009 is to be taken Nos 109/1994 to have pleaded guilty immediately after s. 34(14)(a), 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.
under section 119, 120(2) or 121 of that Act in relation to that order. S. 5(2C) inserted by No. 60/1993 s. 26, amended by Nos 35/1999 s. 37(1)(a)(b), 68/2009 s. 97(Sch. item 110.2). (2C) In sentencing an offender a court may have regard to the conduct of the offender on or in connection with the trial or hearing as an indication of remorse or lack of remorse on his or her part. 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. s. 5 (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.
91-49a148.docx