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SENTENCING ACT 1991 - SECT 51

Aggregate fines

    (1)     If a person is found guilty of 2 or more offences which are founded on the same facts, or form, or are part of, a series of offences of the same or a similar character, the court may impose one fine in respect of those offences that does not exceed the sum of the maximum fines that could be imposed in respect of each of those offences.

S. 51(1A) inserted by No. 52/2014 s. 9, repealed by No. 34/2017 s. 10, new s. 51(1A) inserted by No. 34/2017 s. 23.

    (1A)     Despite subsection (1), a court must not impose one fine in respect of 2 or more offences if at least one of them is a standard sentence offence.

    (2)     If a court imposes an aggregate fine in respect of 2 or more offences, the court—

        (a)     is not required to identify separate events giving rise to specific charges; and

        (b)     is not required to announce—

              (i)     the sentences that would have been imposed for each offence had separate sentences been imposed; or

              (ii)     whether those sentences would have been imposed concurrently or cumulatively.

    (3)     For the avoidance of doubt, an aggregate fine may be imposed in respect of convictions for offences that are the subject of a rolled-up charge or a representative charge.

Note

A representative charge is a charge in an indictment for an offence that is representative of a number of offences of the same type alleged to have been committed by the accused. A rolled-up charge is a charge in an indictment that alleges that the accused has committed more than one offence of the same type between specified dates.

    (4)     Subsection (2) does not affect the requirements of section 6AAA.

S. 52 substituted by No. 32/2013 s. 47 (as amended by No. 77/2013 ss 45, 48).



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