Application of sentencing reductions
41 Application of sentencing reductions
For the purpose of applying section 37,
38,
39 or
40 in sentencing a defendant for a particular offence, the sentencing court must—
first determine the sentence that the court would apply but for the existence of those provisions; and
then determine the maximum percentage reduction that is applicable to the sentencing in accordance with those provisions; and
then determine the percentage reduction that is, in the opinion of the court, appropriate in the particular case (being not more than the maximum percentage determined in accordance with paragraph (b)); and
finally, apply the percentage reduction determined in accordance with paragraph (c) to the sentence determined in accordance with paragraph (a).
A sentencing court that wants to apply section 26 to sentence a defendant to a single penalty for more than 1 offence must, if the court would otherwise be required to apply section 37,
38,
39 or
40 in sentencing the defendant for any 1 or more of those offences (the discounted offences), determine, in accordance with subsection (1), the appropriate sentence for each discounted offence before applying section 26 to determine the total sentence (and for the purposes of section 26, a reference to the maximum penalty that could be imposed in respect of an offence will, in the case of each discounted offence, be a reference to the sentence determined, in accordance with subsection (1), for that discounted offence).
Nothing in this Subdivision affects the operation of section
23,
24 or
25.
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