Sentencing Act 2017

A youth is, by force of this subsection, taken to be a recidivist young offender if the youth has been convicted of—

at least 3 serious offences committed on separate occasions (whether or not the same offence on each occasion); or

at least 2 serious sexual offences committed on separate occasions (whether or not the same offence on each occasion).

For the purposes of this section, when determining the number of occasions on which a person has committed a particular kind of offence—

only offences committed by the person as a youth are to be included (but such offences are to be included regardless of whether the youth was dealt with as an adult or as a youth); and

the offence for which the person is being sentenced is to be included if it is of the relevant kind.

If a court convicts a youth who is a recidivist young offender of a serious offence (including an offence that resulted in the youth being a recidivist young offender)—

the court is not bound to ensure that the sentence it imposes for the offence is proportional to the offence (but, in the case of the Youth

any non‑parole period fixed in relation to the sentence must be at least four‑fifths the length of the sentence.

Subsection (3) does not apply in relation to a youth if—

Part 3Division 2A applies to the youth;

the youth being sentenced is a serious child sex offender;

the youth is being sentenced for a triggering child sex offence.

If a court that is sentencing a youth who is a recidivist young offender for an offence is satisfied that special circumstances exist and that it is, in all the circumstances, not appropriate that the youth be treated as a recidivist young offender, the court may declare—

that sections 39, 41 and 41A of the

if the youth is being sentenced for a serious offence—that subsection (3) does not apply to the youth.