New South Wales Consolidated Acts

CRIMES (SENTENCING PROCEDURE) ACT 1999 - SECT 21B

21B Sentencing patterns and practices

(1) A court must sentence an offender in accordance with the sentencing patterns and practices at the time of sentencing.

(2) However, the standard non-parole period for an offence is the standard non-parole period, if any, that applied at the time the offence was committed, not at the time of sentencing.

(3) Despite subsection (1), a court may sentence an offender for an offence in accordance with the sentencing patterns and practices at the time the offence was committed if--

(a) the offence is not a child sexual offence, and

(b) the offender establishes that there are exceptional circumstances.

(4) When varying or substituting a sentence, a court must vary or substitute the sentence in accordance with the sentencing patterns and practices at the time of the original sentencing.

(5) This section does not affect section 19.

(6) In this section--

"child sexual offence" has the same meaning as in section 25AA.