Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts5. After the heading to Part XII of the Principal Act the following heading and sections are inserted:
“429. (1) The sentence imposed by a court for an offence shall be just and appropriate.
“(2) Without limiting the generality of subsection (1), the sentence shall, as far as practicable, be such as to—
(a) facilitate the offender's rehabilitation into society; and
(b) encourage the offender to make appropriate reparation to any victim of the offence.
“429A. (1) In determining the sentence to be imposed on a person, the matters to which a court shall have regard include, but are not limited to, such of the following matters as are relevant and known to the court:
(a) the nature and circumstances of the offence;
(b) other offences (if any) that are required or permitted to be taken into account;
(c) if the offence forms part of a course of conduct consisting of a series of criminal acts of the same or a similar character—that course of conduct;
(d) where the personal circumstances of any victim of the offence were known to the offender at the time of committing the offence—those circumstances;
(e) any injury, loss or damage resulting from the offence;
(f) any action the person may have taken to make reparation for any injury, loss or damage resulting from the offence;
(g) the degree of responsibility of the person for the commission of the offence;
(h) the degree to which the person has cooperated, or undertaken to cooperate, with law enforcement agencies in the investigation of the offence or other offences;
(i) the deterrent effect that any sentence or order under consideration may have on any person;
(j) the need to ensure that the person is adequately punished for the offence;
(k) the cultural background, character, antecedents, age, means and physical or mental condition of the person;
(l) the prospect of rehabilitation of the person;
(m) the probable effect that any sentence or order under consideration would have on any of the person's family or dependants;
(n) whether the person was affected by a drug or alcohol and the circumstances in which the person became so affected;
(o) the degree to which the offence was the result of provocation, duress or entrapment;
(p) whether the recording of a conviction or the imposition of a particular sanction would be likely to cause particular hardship to the person;
(q) a jury recommendation for mercy;
(r) whether the person is voluntarily seeking treatment for any physical or mental condition which may have contributed to the commission of the offence;
(s) whether the person was in a position of trust or authority at the time of the commission of the offence;
(t) current sentencing practice;
(u) whether the person has pleaded guilty;
(v) whether the person has demonstrated remorse;
(w) the reason or reasons why the person committed the offence.
“(2) Without limiting the generality of subsection (1), in determining whether a sentence or order under subsection 556A (1) or 556B (1) is appropriate in respect of an offence against a law of the Territory, the court shall have regard to the nature and severity of the conditions that may be imposed on, or may apply to, the person, under that sentence or order.
“429B. The court shall not, in determining the sentence to be imposed on a person, increase the severity of the sentence that would otherwise be imposed because of any of the following:
(a) legislation which has not come into operation;
(b) any alleged offences which the person has not admitted in accordance with section 448;
(c) that the person chose not to give evidence on oath;
(d) that the person may have committed perjury or been guilty of contempt of court during the course of proceedings;
(e) the prevalence of the offence;
(f) the person's behaviour in court;
(g) that the person chose to plead not guilty.
“429C. (1) A court shall not pass a sentence of imprisonment on any person for an offence against a law of the Territory unless the court, after having considered all other available penalties, is satisfied that no other penalty is appropriate in all the circumstances of the case.
“(2) Where a court passes a sentence of imprisonment on a person for an offence against a law of the Territory, the court shall—
(a) state the reasons for its decision that no other sentence is appropriate; and
(b) cause those reasons to be entered in the records of the court.
“(3) The failure of a court to comply with the provisions of this section does not invalidate any sentence.
“(4) This section applies subject to any contrary intention in the law creating the offence.”.