Sentencing Act 1995

(1) If a court is required to impose a minimum sentence of a specified period of actual imprisonment for an offence and the court is satisfied that the circumstances of the case are exceptional:

(a) a provision of this Subdivision requiring the court to impose a minimum sentence of a specified period does not apply in relation to the offender; and

(b) the court must instead comply with section 78CB as if that section applied to the case.

(2) In deciding whether it is satisfied that circumstances of a case are exceptional, the court may have regard to:

(a) any victim impact statement or victim report presented to the court under section 106B; and

(3) The following do not constitute exceptional circumstances of a case:

(a) that the offender was voluntarily intoxicated by alcohol, drugs or a combination of alcohol and drugs at the time the offender committed the offence;