Crimes (Sentencing) Act 2005

In deciding how an offender should be sentenced (if at all) for an offence, a court must not increase the severity of the sentence it would otherwise have imposed because of any of the following:

a law that has not commenced;

any alleged offences that the offender has not admitted in accordance with section 57 (Outstanding additional offences taken into account in sentencing);

that the offender chose not to give evidence on oath;

that the offender may have committed perjury or been guilty of contempt of court during the proceeding;

the offender’s behaviour in court;

that the offender chose to plead not guilty;

that the offender did not comply with an order for assessment, treatment, referral or monitoring by the court alcohol and drug assessment service under section 40B (2);

that the offender chose not to take part, or chose not to continue to take part, in restorative justice for the offence under the Crimes (Restorative Justice) Act 2004.

In deciding how an offender should be sentenced for an offence, a court must not reduce the severity of a sentence it would otherwise have imposed because of an automatic forfeiture of property, a forfeiture order, or a penalty order under the Confiscation of Criminal Assets Act 2003.