Queensland Consolidated Acts

PENALTIES AND SENTENCES ACT 1992 - SECT 161C

161C Calculation of number of years of imprisonment

(1) This section applies for deciding whether an offender is sentenced—

(a) under section 161A (a) —to 10 or more years imprisonment (the
"specified years" of imprisonment); or

(b) under section 161B (3) —to 5 or more, but less than 10, years imprisonment (also the
"specified years" of imprisonment);

for an offence—

(c) against a provision mentioned in schedule 1 ; or

(d) of counselling or procuring the commission of, or attempting or conspiring to commit, an offence against a provision mentioned in schedule 1 .

(2) An offender is sentenced to the specified years of imprisonment if—

(a) the offender is sentenced to a term of imprisonment of the specified years for the offence; or

(b) the term of imprisonment to which the offender is sentenced for the offence is part of a period of imprisonment of the specified years imposed on convictions consisting of the conviction on which the offender is being sentenced and any 1 or more of the following—

(i) a conviction of an offence mentioned in subsection (1) (c) or (d) ;

(ii) a conviction declared to be a conviction of a serious violent offence under section 161B .

(3) For subsection (2) , whether the offender is sentenced to the specified years of imprisonment must be calculated as at the day of sentence.