Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) In deciding how an offender should be sentenced (if at all) for an offence, a court must not increase the severity of the sentence it would otherwise have imposed because of any of the following:
(a) a law that has not commenced;
(b) any alleged offences that the offender has not admitted in accordance with section 57 (Outstanding additional offences taken into account in sentencing);
(c) that the offender chose not to give evidence on oath;
(d) that the offender may have committed perjury or been guilty of contempt of court during the proceeding;
(e) the offender's behaviour in court;
(f) that the offender chose to plead not guilty;
(g) that the offender did not comply with an order for assessment, treatment, referral or monitoring by the court alcohol and drug assessment service under section 40B (2);
(h) that the offender chose not to take part, or chose not to continue to take part, in restorative justice for the offence under the Crimes (Restorative Justice) Act 2004
.
(2) In deciding how an offender should be sentenced for an offence, a court must not reduce the severity of a sentence it would otherwise have imposed because of an automatic forfeiture of property, a forfeiture order, or a penalty order under the Confiscation of Criminal Assets Act 2003
.