Australian Capital Territory Current Acts

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Consequences of taking offences into account in sentencing

    (1)     This section applies if the court takes an additional offence into account for the principal offence.

    (2)     The court must certify, on the list of additional offences, that the additional offence has been taken into account.

    (3)     A proceeding must not be started or continued in relation to the additional offence unless the conviction or finding of guilt for the principal offence is reversed or set aside.

    (4)     Subsection (3) does not prevent the court from taking the additional offence into account if the court, on a later occasion, makes another sentence-related order for the offender, or re-sentences the offender, for the principal offence.

    (5)     The offender's admission of guilt in relation to the additional offence is not admissible in evidence in a proceeding in relation to—

        (a)     the additional offence; or

        (b)     any other offence mentioned in the list of additional offences.

    (6)     The offender is not, for any purpose, taken to have been convicted or found guilty of the additional offence only because the additional offence is taken into account.

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