Australian Capital Territory Numbered Acts

CRIMES (SENTENCING) ACT 2005 (NO. 58 OF 2005) - SECT 36

    (1)     This section applies if—

        (a)     an offender is convicted or found guilty of an offence; and

        (b)     the offender assisted, or undertook to assist, law enforcement authorities in—

              (i)     preventing, detecting or investigating the offence or any other offence; or

              (ii)     a proceeding in relation to the offence or any other offence.

    (2)     A court may impose a lesser penalty (including a shorter nonparole period) on the offender than it would otherwise have imposed having regard to the degree of assistance provided, or undertaken to be provided, to law enforcement authorities.

Note     The DPP may appeal against the reduced sentence if the offender does not comply with the undertaking (see s 137).

    (3)     In deciding whether to impose a lesser penalty for the offence, and the nature and extent of the penalty to be imposed, the court must consider the following matters:

        (a)     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.

        (b)     the significance and usefulness of the offender's assistance to law enforcement authorities, taking into account any evaluation by the authorities of the assistance provided or undertaken to be provided;

        (c)     the truthfulness, completeness and reliability of any information or evidence provided by the offender;

        (d)     the nature and extent of the offender's assistance or promised assistance;

        (e)     the timeliness of the assistance or undertaking to assist;

        (f)     any benefits that the offender has gained or may gain because of the assistance or undertaking to assist;

        (g)     whether the offender will suffer harsher custodial conditions because of the assistance or undertaking to assist;

        (h)     any injury suffered by the offender or the offender's family, or any danger or risk of injury to the offender or the offender's family, because of the assistance or undertaking to assist;

              (i)     whether the assistance or promised assistance is in relation to the offence for which the offender is being sentenced or an unrelated offence;

        (j)     if the offender is to serve a sentence of imprisonment—the likelihood that the offender will commit further offences after release from imprisonment.

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