New South Wales Consolidated Acts

CRIMES (SENTENCING PROCEDURE) ACT 1999 - SECT 61

61 Mandatory life sentences for certain offences

(1) A court is to impose a sentence of imprisonment for life on a person who is convicted of murder if the court is satisfied that the level of culpability in the commission of the offence is so extreme that the community interest in retribution, punishment, community protection and deterrence can only be met through the imposition of that sentence.

(2) A court is to impose a sentence of imprisonment for life on a person who is convicted of a serious heroin or cocaine trafficking offence if the court is satisfied that the level of culpability in the commission of the offence is so extreme that the community interest in retribution, punishment, community protection and deterrence can only be met through the imposition of that sentence and the court is also satisfied that--

(a) the offence involved--

(i) a high degree of planning and organisation, and

(ii) the use of other people acting at the direction of the person convicted of the offence in the commission of the offence, and

(b) the person was solely or principally responsible for planning, organising and financing the offence, and

(c) the heroin or cocaine was of a high degree of purity, and

(d) the person committed the offence solely for financial reward.

(3) Nothing in subsection (1) affects section 21 (1).

(4) Division 1 of Part 3 of this Act and section 33A (2) of the Drug Misuse and Trafficking Act 1985 do not apply if the court is satisfied that the circumstances referred to in subsection (2) exist.

(5) Nothing in subsection (2) limits or derogates from the discretion of a court to impose a sentence of imprisonment for life on a person who is convicted of a serious heroin or cocaine trafficking offence.

(6) This section does not apply to a person who was less than 18 years of age at the date of commission of the offence.

(7) In this section--

"heroin" has the same meaning as it has in the Drug Misuse and Trafficking Act 1985 .

"serious heroin or cocaine trafficking offence" means an offence under section 25 (2) or (2A) of the Drug Misuse and Trafficking Act 1985 involving heroin or cocaine, and being an offence to which section 33 (subsection (2) excepted) of that Act applies.