Australian Capital Territory Current Acts

CRIMES (SENTENCING) ACT 2005 - SECT 35A

    (1)     This section applies if—

        (a)     an offender is convicted or found guilty of an offence; and

        (b)     before or after the conviction or finding of guilt, the defence assisted in the administration of justice for the offence.

Example—par (b)

an admission made by the defence pre-trial or during a trial

    (2)     A court may impose a lesser penalty (including a shorter nonparole period) on the offender than it would otherwise have imposed having regard to the degree of assistance provided in the administration of justice.

    (3)     A lesser penalty imposed under this section must not be unreasonably disproportionate to the nature and circumstances of the offence.

    (4)     For this section, assistance in the administration of justice —

        (a)     includes a pre-trial disclosure by the defence; but

        (b)     does not include assistance—

              (i)     consisting only of a plea of guilty under section 35; or

              (ii)     given to law enforcement authorities under section 36.

    (5)     In this section:

"defence "means—

        (a)     the offender; or

        (b)     any lawyer representing the offender.