Sentencing Act 2017

Subject to this section, if—

a court has imposed a sentence of imprisonment on a defendant of a term that is 2 years or less; and

the court considers that the sentence should not be suspended under

the court determines that there is good reason for the defendant to serve the sentence in the community while subject to intensive correction, the court may order that the defendant serve the sentence in the community while subject to intensive correction (an intensive correction order).

For the purposes of subsection (1)(c), the court may determine that, even though a custodial sentence is warranted and there is a moderate to high risk of the defendant re‑offending, any rehabilitation achieved during the period that would be spent in prison is likely to be limited compared to the likely rehabilitative effect if the defendant were instead to spend that period in the community while subject to intensive correction.

The following provisions apply to an intensive correction order:

an intensive correction order must not be made if the sentence is to be served cumulatively on another term of imprisonment (other than a term of imprisonment to be served subject to an intensive correction order), or concurrently with another term of imprisonment then being served, or about to be served, by the defendant;

an intensive correction order must not be made if the defendant is being sentenced—

as an adult for a serious sexual offence; or

as an adult for a serious and organised crime offence or specified offence against police; or

as an adult for a designated offence and, during the 5 year period immediately preceding the date on which the relevant offence was committed, a court has sentenced the defendant to imprisonment (other than where the sentence is suspended), home detention or an intensive correction order for a designated offence;

an intensive correction order should not be made if the court is not satisfied that adequate resources exist for the proper monitoring of the defendant while subject to an intensive correction order by a community corrections officer.

The court must take the following matters into consideration when determining whether to make an intensive correction order:

the impact that the intensive correction order is likely to have on—

any victim of the offence for which the defendant is being sentenced; and

any spouse or domestic partner of the defendant; and

any person residing at the residence at which the defendant may, if released, reside;

the pre‑sentence report (if any) ordered by the court;

any other matter the court thinks relevant.

In this section—

an offence under section 12 (conspiring or soliciting to commit murder);

an offence under section 13 (manslaughter);

an offence under section 13A (criminal liability in relation to suicide);

an offence under section 19 (unlawful threats);

an offence under section 19AA (stalking and harassment);

an offence under section 19AC (dangerous driving to escape police pursuit);

an offence under section 19A (causing death or harm by use of vehicle or vessel);

an offence under section 23 (causing serious harm);

an offence under section 24 (causing harm);

an offence under section 29A (shooting at police officers);

an offence under section 39 (kidnapping);

an offence under section 137 (robbery);

an offence under section 170 (serious criminal trespass—places of residence);

an offence under section 270B (assaults with intent) if the offence against the person to which that section applies is a relevant offence referred to in a preceding paragraph;

any of the following offences under the

an offence under section 83E (participation in criminal organisation);

an aggravated offence under—

section 172 (blackmail); or

section 251 (abuse of public office), where the aggravating circumstances of the offence are the circumstances referred to in section 5AA(1)(ga)(i) or (ii) of that Act;

an offence under section 244 (offences relating to witnesses);

an offence under section 245 (offences relating to jurors);

an attempt to commit any of the offences referred to in any of the preceding subparagraphs; or

any of the following offences under the

an offence under section 32(1) (trafficking (large commercial quantity controlled drug));

an aggravated offence under section 32(2) (trafficking (commercial quantity controlled drug));

an aggravated offence under section 32(2a) (trafficking (controlled drug in prescribed area));

an aggravated offence under section 32(3) (trafficking (controlled drug));

an offence under section 33(1) (manufacturing controlled drug for sale (large commercial quantity));

an aggravated offence under section 33(2) (manufacturing controlled drug for sale (commercial quantity));

an aggravated offence under section 33(3) (manufacturing controlled drug for sale);

an aggravated offence under section 33A(1) (sale/manufacture etc controlled precursor (large commercial quantity));

an aggravated offence under section 33A(2) (sale/manufacture etc controlled precursor (commercial quantity));

an aggravated offence under section 33A(3) (sale/manufacture etc controlled precursor);

an aggravated offence under section 33A(4) (manufacture etc controlled precursor);

an aggravated offence under section 33A(5) (manufacture etc controlled precursor);

an offence under section 33F (sale, supply or administration of controlled drug to child);

an offence under section 33G (sale, supply or administration of controlled drug in school zone);

an offence under section 33H (procuring child to commit offence (relating to controlled drug, precursor or plant));

an attempt to commit any of the offences referred to in any of the preceding subparagraphs;

any of the following offences under the

an offence under section 48 (rape);

an offence under section 48A (compelled sexual manipulation);

an offence under section 49 (unlawful sexual intercourse);

an offence under section 50 (sexual abuse of a child);

an offence under section 51 (sexual exploitation of person with a cognitive impairment);

an offence under section 56 (indecent assault);

an offence under section 58 (gross indecency);

an offence under section 59 (abduction);

an offence under section 60 (procuring sexual intercourse);

an offence under section 63 (production or dissemination of child exploitation material);

an offence under section 63B (procuring child to commit an indecent act etc);

an offence under section 66 (sexual servitude and related offences);

an offence under section 67 (deceptive recruiting for commercial sexual services);

an offence under section 68 (use of children in commercial sexual services);

an offence under section 72 (incest);

an offence against a corresponding previous enactment substantially similar to an offence referred to in any of the preceding subparagraphs;

an attempt to commit or an assault with intent to commit any of the offences referred to in any of the preceding subparagraphs; or

an offence against the law of another State or a Territory corresponding to an offence referred to in paragraph (a);

an aggravated offence under—

section 23(1) of the Criminal Law Consolidation Act 1935 (intentionally causing serious harm); or

section 23(3) of the Criminal Law Consolidation Act 1935 (recklessly causing serious harm), where the aggravating circumstances of the offence are the circumstances referred to in section 5AA(1)(c) of that Act and the victim is a police officer; or

an offence of attempted murder or attempted manslaughter under the

knowing the victim to be acting in the course of the victim's official duty; or

in retribution for something the offender knows or believes to have been done by the victim in the course of the victim's official duty.

A description of an offence appearing in brackets in this section is for convenience of reference only.