Australian Capital Territory Numbered Acts

CRIMES (SENTENCING) ACT 2005 (NO. 58 OF 2005) - SECT 35

    (1)     This section applies if—

        (a)     an offender pleads guilty to an offence; and

        (b)     based on the information currently available to the court, the court considers that there is a real likelihood that it will sentence the offender to imprisonment.

    (2)     In deciding how the offender should be sentenced (if at all) for the offence, the court must consider the following matters:

        (a)     the fact that the offender pleaded guilty;

        (b)     when the offender pleaded guilty, or indicated an intention to plead guilty;

        (c)     whether the guilty plea was related to negotiations between the prosecution and defence about the charge to which the offender pleaded guilty;

        (d)     the seriousness of the offence;

        (e)     the effect of the offence on the victims of the offence, the victims' families and anyone else who may make a victim impact statement.

Note     For who may make a victim impact statement, see s 49.

    (3)     The court may impose a lesser penalty (including a shorter nonparole period) on the offender than it would otherwise have imposed if the offender had not pleaded guilty to the offence.

    (4)     However, in deciding any lesser penalty, the court must not make any significant reduction for the fact that the offender pleaded guilty if, based on established facts, the court considers that the prosecution's case for the offence was overwhelmingly strong.

    (5)     For subsection (2) (b), the earlier in the proceeding that the guilty plea is made, or indication is given that it will be made, the lesser the penalty the court may impose.

    (6)     A lesser penalty imposed under this section must not be unreasonably disproportionate to the nature and circumstances of the offence.

    (7)     In this section:

"available documents", in relation to the offence, means any of the following:

        (a)     any written statements or admissions made for use as evidence at a trial that would have been admissible as evidence at the trial for the offence;

        (b)     depositions taken at any committal proceeding for the offence;

        (c)     any written statements or admissions used as evidence in any committal proceeding for the offence;

        (d)     any other relevant written documents.

"defence"—see section 33 (5).

"established facts" means facts established by—

        (a)     evidence given at the trial; or

        (b)     available documents; or

        (c)     admissions by the offender; or

        (d)     submissions made by the prosecution or defence.