Circumstances to be taken into account when sentencing for certain offences
63B Circumstances to be taken into account when sentencing for certain offences
In this section —
violent personal offence means —
an offence mentioned in The Criminal Code section 277; or
an offence against The Criminal Code section 281, 283, 292, 293, 294, 304, 320, 321, 321A, 329 or 332.
Where a person commits a violent personal offence, the court sentencing the person is to determine the seriousness of the offence by reference to whether —
the person is in a family relationship with a victim of the offence; or
a child was present when the offence was committed; or
the conduct of the person in committing the offence constituted a breach of a restraining order.
Nothing in subsection (2) affects the discretion of a court to decide whether or not a circumstance set out in that subsection is a circumstance to take into account in sentencing an offender for any other offence.
[Section 63B inserted: No. 49 of 2016 s. 71; amended: No. 30 of 2020 s. 79.]
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.