AustLII Tasmanian Consolidated Acts

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SENTENCING ACT 1997 - SECT 89

Disposal of other pending charges

(1)  If a court finds a person guilty of an offence (in this section called " the principal offence " ) and the court is satisfied that –
(a) there has been filed in court a document in the prescribed form showing a list of other offences, whether indictable or summary, not being or including treason or murder, that the offender is believed to have committed; and
(b) a copy of that document has been provided to the offender; and
(c) in all the circumstances it is proper to do so –
the court may, with the consent of the prosecution, before passing sentence, ask the offender whether the offender admits having committed any or all of the listed offences and wishes them to be taken into account by the court when passing sentence for the principal offence.
(2)  A document referred to in subsection (1) is to be signed by –
(a) the DPP or prosecuting counsel on the DPP's behalf; and
(b) the offender.
(3)  If the offender admits to having committed any or all of the listed offences and wishes them to be taken into account, the court may, if it thinks fit, do so but it must not impose a sentence in respect of the principal offence in excess of the maximum sentence that might have been imposed if no listed offence had been taken into account.
(4)  If an offence is taken into account under this section, the court may make any order that it would have been empowered to make under Part 9 had the offender been convicted before the court of the offence but it must not otherwise impose any separate punishment for the offence.
(5)  An order made under subsection (4) in respect of an offence taken into account may be appealed against as if it had been made on the conviction of the offender for that offence.
(6)  Notwithstanding subsection (3) , a court must not take into account any charge of an indictable offence that it would not have jurisdiction to try even with the consent of the person charged with that offence.
(7)  The court must certify, on the relevant part of the document referred to in subsection (1)(a) , any listed offences that have been so taken into account and the principal offence in respect of which this has been done.
(8)  Proceedings are not to be taken or continued in respect of any listed offence certified under subsection (7) unless each finding of guilt of a principal offence in respect of which it has been taken into account has been quashed or set aside.
(9)  An admission made under and for the purposes of this section is not admissible in evidence in any proceeding taken or continued in respect of the offence to which it relates.
(10)  A person is not to be taken, for any purpose, to have been convicted of an offence that has been taken into account under this section by reason only that it has been so taken into account.
(11)  Whenever, in or in relation to any criminal proceeding, reference may lawfully be made to, or evidence may lawfully be given of, the fact that a person has been found guilty of an offence, reference may likewise be made to, or evidence may likewise be given of, the taking into account under this section of any other offence or offences when sentence was imposed in respect of the offence of which the person was found guilty.
(12)  The fact that an offence has been taken into account under this section may be proved in the same manner as the finding of guilt for the principal offence in respect of which it has been taken into account may be proved.



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