Australian Capital Territory Numbered Acts

CRIMES (SENTENCING) ACT 2005 (NO. 58 OF 2005) - SECT 34

    (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 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 .