New South Wales Repealed Acts

This legislation has been repealed.

CRIMES (SENTENCING PROCEDURE) AMENDMENT (STANDARD MINIMUM SENTENCING) ACT 2002 - SCHEDULE 3

SCHEDULE 3 – Consequential amendments

(Section 3)

3.1 - Children (Criminal Proceedings) Act 1987 No 55

[1] Section 33 Penalties

Insert "the non-parole period and the balance of" after "the extent to which it deals with setting" in section 33 (1B).

[2] Section 41A Provisions applicable where control order suspended subject to good behaviour bond

Insert "the non-parole period and the balance of" after "in relation to setting" in section 41A (3) (b).

[3] Schedule 2 Savings and transitional provisions

Insert after clause 11:

Part 9 - Provisions consequent on enactment of Crimes (Sentencing Procedure) Amendment (Standard Minimum Sentencing) Act 2002

12 Offences to which amending Act applies

(1) The amendments made to this Act by the Crimes (Sentencing Procedure) Amendment (Standard Minimum Sentencing) Act 2002 do not apply to offences committed before the commencement of the amendments.

(2) Part 7 of Schedule 2 to the Crimes (Sentencing Procedure) Act 1999 also has effect for the purposes of the application of the Crimes (Sentencing Procedure) Act 1999 to offences dealt with under Division 4 of Part 3 of this Act.

3.2 - Crimes (Sentencing Procedure) Act 1999 No 92

[1] Section 3 Interpretation

Omit "section 44 (1) (b)" from the definition of "non-parole period" in section 3 (1).
Insert instead "section 44 (1)".

[2] Section 3 (1)

Insert in alphabetical order:

"Sentencing Council" means the New South Wales Sentencing Council constituted under Part 8B.

[3] Section 12 Suspended sentences

Insert "the non-parole period and the balance of" after "the extent to which it deals with setting" in section 12 (3).

[4] Section 12 (4)

Omit "In that case, any non-parole period set for the sentence ceases to have effect when the order under this section is made.".

[5] Section 45 Court may decline to set non-parole period

Insert "(other than an offence set out in the Table to Division 1A of this Part)" after "imprisonment for an offence" in section 45 (1).

[6] Section 99 Consequences of revocation of good behaviour bond

Insert "the non-parole period and the balance of" after "in relation to setting" in section 99 (1) (c) (ii).

[7] Section 101A

Insert after section 101:

101A Effect of failure to comply with Act A failure to comply with a provision of this Act may be considered by an appeal court in any appeal against sentence even if this Act declares that the failure to comply does not invalidate the sentence.

[8] Schedule 2 Savings, transitional and other provisions

Insert at the end of clause 1 (1):

Crimes (Sentencing Procedure) Amendment (Standard Minimum Sentencing) Act 2002

[9] Schedule 2, Part 7

Insert after Part 6:

Part 7 - Provisions consequent on enactment of Crimes (Sentencing Procedure) Amendment (Standard Minimum Sentencing) Act 2002

45 Offences to which amending Act applies

(1) Except as provided by subclause (2), the amendments made to this Act by the Crimes (Sentencing Procedure) Amendment (Standard Minimum Sentencing) Act 2002 do not apply to offences committed before the commencement of the amendments.

(2) Sections 3A and 21A of this Act, as inserted by the Crimes (Sentencing Procedure) Amendment (Standard Minimum Sentencing) Act 2002 , apply to the determination of a sentence for an offence whenever committed, unless:

(a) a court has convicted the person being sentenced of the offence, or

(b) a court has accepted a plea of guilty to the offence and the plea has not been withdrawn,

before the commencement of the section concerned.

(3) Section 21A of this Act, as in force immediately before its repeal by the Crimes (Sentencing Procedure) Amendment (Standard Minimum Sentencing) Act 2002 , continues to apply as if it had not been repealed to the determination of a sentence for an offence in respect of which:

(a) a court has convicted the person being sentenced of the offence, or

(b) a court has accepted a plea of guilty to the offence and the plea has not been withdrawn,

before that repeal.

(4) In this clause:
"convict" includes make a finding of guilt.

46 Application of existing guideline judgments A guideline judgment made before the commencement of any amendment to this Act made by the Crimes (Sentencing Procedure) Amendment (Standard Minimum Sentencing) Act 2002 continues to have effect, except to the extent to which it is inconsistent with this Act, as so amended.