Section 25B of the Crimes Act 1900 (NSW) (mandatory minimum sentence for assault causing death while intoxicated) is a sentencing constraint, not a penalty-creating provision. An indictment charging an offence under s 25A(2) discloses an offence punishable by law regardless of the constitutional validity of s 25B, because s 25A(2) itself provides the maximum penalty of 25 years. The constitutional validity of s 25B need not be determined to resolve whether the indictment is valid.
The full text is available to signed-in members, including the 11 later cases that cite this judgment.