Matters to be considered when court fixes penalty
44 Matters to be considered when court fixes penalty
In determining the penalty to be imposed on a person convicted of an indictable or minor indictable offence against this Act, the court must take into consideration—
subject to subsection (2), the nature of the substance or goods involved in the commission of the offence; and
the quantity of the substance or goods involved in the commission of the offence; and
the personal circumstances of the convicted person (being a natural person), including the circumstances relating to the person's use (if at all) of any controlled drug; and
in the case of an offence against
Part
5Division 2 or
3—
the commercial or other motives of the convicted person in committing the offence; and
the financial gain that is likely to have accrued to the convicted person as a result of the commission of the offence (but this is not to be taken into consideration if that financial gain is the subject of an application under the Criminal Assets
Confiscation Act 2005); and
in the case of an offence against section 33—whether a child was present at any stage when the offence occurred; and
in the case of an offence against section 33F,
33H or
33I—whether the offence occurred within a school zone or at or near any prescribed place; and
any other relevant factor.
In determining the penalty to be imposed in respect of a summary or indictable offence against
Part
5 involving a controlled drug (other than cannabis, cannabis resin or cannabis oil), the degree of physical or other harm generally associated with the consumption of that particular type of controlled drug, as compared with other types of controlled drugs, is not a relevant consideration and the court must determine the penalty on the basis that controlled drugs are all categorised equally as very harmful.
If a person is convicted by a court of an indictable offence against this Act and an offence against section 32 of the
Criminal Law Consolidation
Act 1935 constituted of having the custody or control of a firearm or imitation firearm for the purpose of—
using, or causing or permitting another person to use, the firearm in the course of committing the indictable offence against this Act;
or
carrying, or causing or permitting another person to carry, the firearm when committing the indictable offence against this Act, the court must make any sentences of imprisonment imposed for the
2 offences cumulative unless the court is satisfied that special reasons exist for not doing so.
This provision refers to the regulations (prescribed place
). Made under this Act:
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