Crimes (Sentencing Procedure) Act 1999

In considering an application referred to in clause 2 (1), the Supreme Court is to have regard to—

any reports on the offender made by the Review Council, and any other relevant reports prepared after the offender was sentenced, that are available to the Supreme Court, and

the need to preserve the safety of the community, and

the age of the offender (at the time the offender committed the offence and also at the time the Supreme Court deals with the application), and

in the case of an offender sentenced before 12 January 1990 (the date on which section 463 of the Crimes Act 1900 was repealed by section 5 of the Prisons (Serious Offenders Review Board) Amendment Act 1989), the fact that the sentencing court—

would have been aware that an offender sentenced to imprisonment for life was eligible to be released on licence under section 463 of the Crimes Act 1900, and

would have been aware of the practice relating to the issue of such licences, and

any other relevant matter.

The regulations may make provision for or with respect to reports referred to in subclause (1), including provisions relating to the matters to be dealt with in reports and the making of reports available to the Supreme Court.

In considering an application referred to in clause 2 (1), the Supreme Court—

must have regard to and give substantial weight to any relevant recommendations, observations and comments made by the sentencing court when imposing the sentence concerned, and

must give consideration to adopting or giving effect to the substance of any such recommendations, observations and comments and the intention of the sentencing court when making them, and

to the extent that it declines to adopt or give effect to any such recommendations, observations and comments, must make a record of its reasons for doing so.

Subclause (3) (c) does not limit any other requirement that the Supreme Court has, apart from that paragraph, to record the reasons for its decisions.

In considering an application referred to in clause 2 (1) that is made on or after 17 June 2008, or that was made before that date but not finally disposed of before the commencement of the Crimes (Sentencing Procedure) Amendment (Life Sentences) Act 2008, the Supreme Court must have regard to and give substantial weight to the following—

the level of culpability of the offender in the commission of the offence for which the sentence was imposed,

the heinousness of the offence.