Sentencing Act 1995

(1) A court must sentence an offender in accordance with this section if the court finds the offender guilty of an offence against section 189A of the Criminal Code.

(2) The court must impose a minimum sentence of 12 months actual imprisonment in relation to the offender if:

(a) the commission of the offence involved the actual or threatened use of an offensive weapon; and

(c) the offender has previously been convicted of a violent offence (whenever committed).

(3) The court must impose a minimum sentence of 3 months actual imprisonment in relation to the offender if the victim suffered physical harm as a result of the offence but the court is not required to impose a minimum sentence under subsection (2).

(3A) The court must impose a minimum sentence of 3 months actual imprisonment in relation to the offender if the circumstances mentioned in section 189A(2)(ab) of the Criminal Code apply in relation to the offence but the court is not required to impose a minimum sentence under subsection (2) or (3).

(4) The court must impose a term of actual imprisonment in relation to the offender if the offender has previously been convicted of a violent offence (whenever committed) but the court is not required to impose a minimum sentence under subsection (2), (3) or (3A).