New South Wales Consolidated Acts

CRIMES (SENTENCING PROCEDURE) ACT 1999 - SECT 60G

60G Final sentence

(1) A court may, after conducting a progress review--

(a) impose a final sentence on the offender, or

(b) decline to impose a final sentence on the offender.

(2) A court imposes a final sentence by--

(a) setting aside the provisional sentence and substituting instead another sentence as the final sentence for the offender, or

(b) confirming the provisional sentence as the final sentence for the offender.

(3) If the court sets aside the provisional sentence--

(a) the term of imprisonment imposed under the final sentence is not to exceed the term of imprisonment imposed under the provisional sentence, and

(b) the non-parole period (if any) set for the final sentence is not to exceed the non-parole period set for the provisional sentence, and

(c) the final sentence imposed is taken to have commenced on the day on which the provisional sentence commenced.

(4) Subject to this Division, this Part applies to a final sentence in the same way as it applies to an ordinary sentence.

(5) A final sentence is not subject to review and redetermination under this Division.

(6) A decision to decline to impose a final sentence on an offender is not a sentence and, accordingly, is not subject to appeal under the Criminal Appeal Act 1912 .

(7) A court that conducts a further progress review after having declined to impose a final sentence on an offender is to conduct that review as a fresh hearing in relation to the question of whether it is appropriate to impose a final sentence on the offender.