The words 'once before been found guilty of a property offence' in s 78A(2) of the Sentencing Act (NT) 1995 require a finding of guilt on a prior occasion (a different day), not merely an earlier finding of guilt on the same day. An offender appearing before a court for the first time on multiple informations for property offences cannot be subjected to the higher 90-day minimum under s 78A(2) by reason of a finding of guilt on one information being treated as a prior finding for the purposes of another information dealt with on the same occasion. The question whether prior findings of guilt must be charged as circumstances of aggravation was left open.
The full text is available to signed-in members, including the 4 later cases that cite this judgment.
2 of the 4 citing cases carry a classified treatment. How each court treated it is available to signed-in members.