New South Wales Consolidated Acts

CRIMES (SENTENCING PROCEDURE) ACT 1999 - SECT 35

35 Consequences of taking offences into account

(1) If a further offence is taken into account under this Division--

(a) the court is to certify, on the list of additional charges, that the further offence has been taken into account, and

(b) no proceedings may be taken or continued in respect of the further offence unless the conviction for the principal offence is quashed or set aside.

(2) This section does not prevent a court that has taken a further offence into account when dealing with an offender for a principal offence from taking the further offence into account if it subsequently imposes a penalty when sentencing or re-sentencing the offender for the principal offence.

(3) An admission of guilt made for the purposes of this Division is not admissible in evidence in any proceedings relating to--

(a) the further offence in respect of which the admission was made, or

(b) any other offence specified in the list of additional charges.

(4) An offence taken into account under this Division is not, merely because of its being taken into account, to be regarded for any purpose as an offence of which an offender has been convicted.

(5) In or in relation to any criminal proceedings, reference may lawfully be made to, or evidence may lawfully be given of, the fact that a further offence has been taken into account under this Division in imposing a penalty for a principal offence of which an offender has been found guilty if, in or in relation to those proceedings--

(a) reference may lawfully be made to, or evidence may lawfully be given of, the fact that the offender was found guilty or convicted of the principal offence, and

(b) had the offender been found guilty or convicted of the further offence so taken into account, reference could lawfully have been made to, or evidence could lawfully have been given of, the fact that the offender had been found guilty or convicted of that further offence.

(6) The fact that a further offence has been taken into account under this Division may be proved in the same manner as the conviction for the principal offence.