Australian Capital Territory Current Acts

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CRIMES (SENTENCE ADMINISTRATION) ACT 2005 - SECT 320L

Accommodation orders—resentencing for breach

    (1)     This section applies if a young offender breaches an accommodation order, or a condition of an accommodation order, in force for the young offender.

    (2)     The court may resentence the young offender for the offence in relation to which the accommodation order was made.

    (3)     In resentencing the young offender, the court must take into account the following (in addition to any other matters the court considers should be taken into account):

        (a)     the fact that the accommodation order was made;

        (b)     anything done under the order;

        (c)     any other order made for the offence for which the accommodation order was made, and anything done under that other order.

    (4)     In resentencing the young offender, the court must not impose a penalty that, when taken together with a penalty previously imposed for the offence for which the accommodation order was made, is greater than the maximum penalty the court could have imposed for that offence.



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