AustLII Tasmanian Consolidated Acts

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SENTENCING ACT 1997 - SECT 100

Old offence relevant in determining previous conviction

(1)  A finding of guilt or conviction for an old offence counts as a finding of guilt or conviction for a new offence for the purpose of determining whether or not a person has previously been found guilty or convicted of the new offence.
(2)  For the purposes of this section an old offence is an offence under a repealed enactment that is constituted by the same acts, omissions, matters, circumstances or things as an offence (in this section called
the new offence ) under an enactment that substantially re-enacts, whether in the same language or not, the repealed enactment.
(3)  Unless the contrary intention appears in the enactment creating the new offence, this section has effect even if the new offence differs from the old offence in –
(a) its penalty; or
(b) the procedure applicable to its prosecution; or
(c) its classification; or
(d) its name.



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