Victorian Current Acts

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SENTENCING ACT 1991 - SECT 5AA

Court not to have regard to previous good character or lack of previous findings of guilt or convictions in certain circumstances

    (1)     Despite section 5(2), in sentencing an offender for a child sexual offence, a court must not have regard to the offender's previous good character or lack of previous findings of guilt or convictions if the court is satisfied the offender's previous good character or lack of previous findings of guilt or convictions was of assistance to the offender in the commission of the offence.

    (2)     Subsection (1) does not apply to an offender who is under the age of 18 years at the time of the commission of the offence.

    (3)     In this section—

"child sexual offence" means a sexual offence within the meaning of section 3 of the  Criminal Procedure Act 2009 , committed in relation to a person under the age of 18 years.

S. 5A inserted by No. 41/1993 s. 5, repealed by No. 48/1997 s. 7(3),
new s. 5A inserted by No. 52/2014 s. 5, amended by No. 63/2014 s. 7(17), repealed by No. 34/2017 s. 5, new s. 5A inserted by No. 34/2017 s. 19.



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