New South Wales Consolidated Acts

CRIMES (SENTENCING PROCEDURE) ACT 1999 - SECT 60B

60B Power to impose provisional sentence

(1) A court that imposes a sentence on an offender for the offence of murder may impose a sentence for that offence as a provisional sentence if--

(a) the offender was less than 16 years of age when the offence was committed, and

(b) the offender is less than 18 years of age when the provisional sentence is imposed, and

(c) the sentence proposed to be imposed for the offence is or includes a term of imprisonment, and

(d) the court is of the opinion that it is not appropriate to impose an ordinary sentence on the offender because the information presently available does not permit a satisfactory assessment of whether the offender has or is likely to develop a serious personality or psychiatric disorder, or a serious cognitive impairment, such that the court cannot satisfactorily assess either or both of the following matters--

(i) whether the offender is likely to re-offend,

(ii) the offender's prospects of rehabilitation.

(2) A court may impose a sentence as a provisional sentence of its own motion or on application of a party to the proceedings.

(3) A reference in this Division to a sentence for the offence of murder includes a reference to an aggregate sentence for the offence of murder and for one or more other offences.