New South Wales Consolidated Acts

CRIMES (SENTENCING PROCEDURE) ACT 1999 - SECT 27

27 Application of Division

(1) This Division applies only in relation to an offence that is being dealt with by the Supreme Court, the Industrial Relations Commission, the District Court, the Local Court or the Children's Court, and only as provided by this section.

(2) In relation to an offence that is being dealt with by the Supreme Court or the District Court, this Division applies only if the offence is being dealt with on indictment in the Supreme Court or on indictment or summarily in the District Court and is--

(a) an offence that results in the death of, or actual physical bodily harm to, any person, or

(b) an offence that involves an act of actual or threatened violence, or

(c) an offence for which a higher maximum penalty may be imposed if the offence results in the death of, or actual physical bodily harm to, any person than may be imposed if the offence does not have that result, or

(d) a prescribed sexual offence, or

(e) an offence against section 54D(1), 91H, 91J, 91K, 91L, 91P, 91Q or 91R of the Crimes Act 1900 .

(3) In relation to an offence being dealt with by the Industrial Relations Commission, this Division applies only if--

(a) the offence is an offence against Division 5 of Part 2 of the Work Health and Safety Act 2011 or Subdivision 3 of Division 3 of Part 3 of the Rail Safety National Law (NSW) , and

(b) the offence results in the death of, or actual physical bodily harm to, any person.

(4) In relation to an offence that is being dealt with by the Local Court, this Division applies only if the offence is--

(a) an offence that results in the death of any person, or

(b) an offence for which a higher maximum penalty may be imposed if the offence results in the death of any person than may be imposed if the offence does not have that result, or

(c) an offence that is referred to in Table 1 of Schedule 1 to the Criminal Procedure Act 1986 and that--

(i) results in actual physical bodily harm to any person, or

(ii) involves an act of actual or threatened violence, or

(d) a prescribed sexual offence that is referred to in Table 1 of Schedule 1 to the Criminal Procedure Act 1986 , or

(e) an offence against section 54D(1), 91H, 91J, 91K, 91L, 91P, 91Q or 91R of the Crimes Act 1900 .

(4A) In relation to an offence that is being dealt with by the Children's Court, this Division applies only if--

(a) the offence is an offence against section 91H, 91J, 91K, 91L, 91P, 91Q or 91R of the Crimes Act 1900 , or

(b) the offence is not an offence referred to in Table 2 of Schedule 1 to the Criminal Procedure Act 1986 and the offence is--

(i) an offence that results in the death of, or actual physical bodily harm to, any person, or

(ii) an offence that involves an act of actual or threatened violence, or

(iii) an offence for which a higher maximum penalty may be imposed if the offence results in the death of, or actual physical bodily harm to, any person than may be imposed if the offence does not have that result, or

(iv) a prescribed sexual offence.

(5) Nothing in this Division limits any other law by or under which a court may receive and consider a victim impact statement in relation to any offence to which this Division does not apply.

(6) This Division extends to any offence referred to in subsection (1)-(4A) that is dealt with under section 33.