Sentencing Act 2017

In fixing a non‑parole period in respect of an offence for which a mandatory minimum non‑parole period is prescribed, the court may—

if satisfied that a non‑parole period that is longer than the prescribed period is warranted because of any objective or subjective factors affecting the relative seriousness of the offence, fix such longer non‑parole period as it thinks fit; or

in the circumstances (if any) prescribed by the regulations for the purposes of this paragraph, or otherwise in exceptional circumstances, fix a non‑parole period that is shorter than the prescribed period.

Without limiting subsection (2)(b), exceptional circumstances may include the following:

the offence was committed in circumstances in which the victim's conduct or condition substantially mitigated the offender's conduct;

the offence was committed in circumstances of family violence (being circumstances in which the offender, or a member of the offender's family, was a victim of family violence committed by the victim of the offence);

if the offender pleaded guilty to the charge of the offence—that fact and the circumstances surrounding the plea;

the degree to which the offender has cooperated in the investigation or prosecution of that or any other offence and the circumstances surrounding, and likely consequences of, any such cooperation.

In deciding whether exceptional circumstances exist for the purposes of subsection (2)(b) in relation to an offence committed in circumstances of family violence, the court must have regard to any evidence of family violence admitted in the course of the trial for the relevant offence or otherwise before the court.

This section applies whether a mandatory minimum non‑parole period is prescribed under this Act or some other

Act.

In this section—

circumstances of family violence has the same meaning as in section 34V of the Evidence Act 1929;

evidence of family violence has the same meaning as in section 34W of the Evidence

Act 1929.