Australian Capital Territory Current Acts

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CRIMES (SENTENCING) ACT 2005 - SECT 58

Ancillary orders relating to offences taken into account in sentencing

    (1)     This section applies if the court takes an additional offence into account in making a sentence-related order for the offender for the principal offence.

    (2)     The court may make any ancillary order that it could have made if it had convicted the offender of the additional offence when it took the offence into account.

    (3)     To remove any doubt, the court may not make a separate sentence-related order for the additional offence.

    (4)     The offender has the same rights of appeal in relation to the making of the ancillary order as the offender would have had if the order had been made on the conviction of the offender for the additional offence.

    (5)     This section is subject to section 134 (Operation of ancillary and restitution orders).

    (6)     In this section:

"ancillary order"—see section 18 (5).



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