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CRIMES (SENTENCING) ACT 2005 (NO. 58 OF 2005) - SECT 29

Combination sentences—offences punishable by imprisonment

    (1)     If the offence is punishable by imprisonment, the court sentencing the offender may impose a sentence (a combination sentence ) consisting of 2 or more of the following orders:

        (a)     an order sentencing the offender to imprisonment (whether as full-time detention, periodic detention or a combination of these kinds of imprisonment);

Note     A sentence of imprisonment must be served by full-time detention in a correctional centre unless the court orders otherwise, or the offender is released from detention under this Act or another territory law (see s 10 (3)).

        (b)     a suspended sentence order;

        (c)     a good behaviour order;

        (d)     a fine order;

        (e)     a driver licence disqualification order;

        (f)     a reparation order;

        (g)     a non-association order;

        (h)     a place restriction order;

              (i)     a treatment order under the Drugs of Dependence Act 1989 , section 123;

        (j)     an order (however described) imposing another penalty available under any other territory law.

Examples

The following are examples of sentences that might be imposed on an offender by a court who has been convicted of an offence punishable by imprisonment:

1     a sentence of 18 months as follows:

              •     a 12-month periodic detention period

              •     a fine order directing payment of $500 by stated instalments

              •     a good behaviour order for 6 months (the remainder of the term of the sentence) that includes conditions requiring the offender to undertake 240 hours community service work

2     a sentence of 3 years and 6 months as follows:

              •     an order for 2 years imprisonment (ie full-time detention in a correctional centre) with no nonparole period

              •     a 1-year periodic detention period and a concurrent non-association order

              •     a good behaviour order for 6 months (the remainder of the term of the sentence) and a concurrent non-association order

3     a sentence of 2 years as follows:

              •     a 1-year periodic detention period and a concurrent place restriction order

              •     a good behaviour order for 1 year (the remainder of the term of the sentence)

              •     a driver licence disqualification order for all of the sentence.

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (2)     However, the court must not make an order that forms part of the combination sentence unless the court would have power to make the order otherwise than as part of a combination sentence.



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