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CRIMES (SENTENCING) ACT 2005 - SECT 40A

Pre-sentence report matters

For this part, each of the following is a pre-sentence report matter in relation to the offender:

        (a)     the offender's age;

        (b)     the offender's social history and background (including cultural background);

        (c)     the offender's medical and psychiatric history;

        (d)     the offender's educational background;

        (e)     the offender's employment history;

        (f)     the extent to which the offender is complying, or has complied, with any sentence;

        (g)     the offender's financial circumstances;

        (h)     any special needs of the offender;

              (i)     any courses, programs, treatment, therapy or other assistance that is available to the offender and from which the offender may benefit;

        (j)     any risk assessments made of the likelihood that the offender will commit further offences or of things (including circumstances) that may make the offender more likely to commit further offences;

        (k)     whether the offender

              (i)     is addicted to, or misuses, alcohol or a controlled drug; and

              (ii)     has been assessed, treated or monitored by the court alcohol and drug assessment service under section 40B;

        (l)     the opinion of the assessor preparing a pre-sentence report for the offender in relation to an offence, and the basis for the opinion, about the following:

              (i)     the offender's attitude to the offence;

              (ii)     the need to protect victims of the offence from violence or harassment by the offender;

              (iii)     anything that may make the offender more likely to commit further offences;

Examples—par (iii)

1     dependence on alcohol or a controlled drug

2     a gambling addiction

3     association with particular people

              (iv)     the likelihood that the offender may commit further offences;

              (v)     whether it would be appropriate to refer the offender for restorative justice under the Crimes (Restorative Justice) Act 2004

.

Note     See s 133E for additional pre-sentence report matters for young offenders.



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