Penalties and Sentences Act 1992

This section applies for deciding whether an offender is sentenced—

under section 161A(a)—to 10 or more years imprisonment (the specified years of imprisonment); or

under section 161B(3)—to 5 or more, but less than 10, years imprisonment (also the specified years of imprisonment);

against a provision mentioned in schedule 1; or

of counselling or procuring the commission of, or attempting or conspiring to commit, an offence against a provision mentioned in schedule 1.

An offender is sentenced to the specified years of imprisonment if—

the offender is sentenced to a term of imprisonment of the specified years for the offence; or

the term of imprisonment to which the offender is sentenced for the offence is part of a period of imprisonment of the specified years imposed on convictions consisting of the conviction on which the offender is being sentenced and any 1 or more of the following—

a conviction of an offence mentioned in subsection (1)(c) or (d);

a conviction declared to be a conviction of a serious violent offence under section 161B.

For subsection (2), whether the offender is sentenced to the specified years of imprisonment must be calculated as at the day of sentence.