Queensland Consolidated Acts

YOUTH JUSTICE ACT 1992 - SECT 347

347 Application of Criminal Code, s 305

(1) This section applies for the purpose of applying the Criminal Code , section 305 (2) and (3) (the
"Code provisions" ) to a child under section 176 (6) of this Act.

(2) The Code provisions apply only if the court is sentencing the child on a conviction of murder committed after the commencement day.

(3) However, the court, in applying the Code provisions, may have regard to an offence of murder that was committed before the commencement day, whether or not the conviction or sentence for the murder happened before or happens after the commencement day.

(4) Subsection (3) applies even if the offence of murder is an offence for which the court is also sentencing the child or taking into account on the sentence of the child.

(5) In this section—

"commencement day" means the day the amending Act, section 25 commences.