Section 12(c) of the Interpretation Act 1978 (NT) preserves an offender's liability to punishment under a repealed mandatory sentencing provision where the offence was committed before the repeal, and that liability includes punishment in accordance with the mandatory sentencing regime in force at the time of the offence. The expression 'liability incurred' encompasses criminal liability to prosecution, conviction and punishment. Section 14(2) of the Criminal Code does not assist where the replacement sentencing regime imposes the same or lesser punishment as the repealed provision.
The full text is available to signed-in members, including the 5 later cases that cite this judgment.