145A

Existence of circumstances of aggravation is question for judge to determine

In force

(1)

In this section —

circumstances of aggravation means circumstances in which an offence is committed that —

(a)

are not elements of the offence; and

(b)

increase the statutory penalty for the offence.

(2)

If, on a plea of guilty by the accused, a superior court is required to determine in proceedings under this Act whether the offence was committed in circumstances of aggravation, that determination is the determination of a question of fact for the purposes of section 146.

[Section 145A inserted: No. 45 of 2016 s. 46.]

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