S. 9(1) amended by No. 50/2006 s. 38(1).
(1) If an offender is convicted by a court of two 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 an aggregate sentence of imprisonment in respect of those offences in place of a separate sentence of imprisonment in respect of all or any two or more of them.
S. 9(1A) inserted by No. 50/2006 s. 38(2).
(1A) Despite subsection (1), a court must not impose an aggregate sentence of imprisonment if—
(a) the offender is a serious offender within the meaning of Part 2A and any of the offences of which the offender is convicted is a relevant offence within the meaning of that Part; or
S. 9(1A)(ab) inserted by No. 52/2014 s. 7, repealed by No. 34/2017 s. 8, new s. 9(1A)(ab) inserted by No. 34/2017 s. 21.
(ab) the offences comprise at least one offence that is a standard sentence offence; or
(b) the offences comprise at least one offence committed by the offender while released under a parole order and one offence committed at another time.
S. 9(2) amended by No. 50/2006 s. 38(3).
(2) The term of an aggregate sentence of imprisonment imposed in accordance with subsection (1) must not exceed the total effective period of imprisonment that could have been imposed in respect of the offences in accordance with this Act if the court had imposed a separate sentence of imprisonment in respect of each of them.
S. 9(3) amended by No. 50/2006 s. 38(4).
(3) If a court proposes to impose an aggregate sentence of imprisonment, it must before doing so announce in open court, in language likely to be readily understood by the offender—
(a) the decision to impose an aggregate sentence and the reasons for doing so; and
(b) the effect of the proposed aggregate sentence.
S. 9(4) inserted by No. 30/2010 s. 5, amended by No. 48/2012 s. 44(1).
(4) If a court imposes an aggregate sentence of imprisonment 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.
S. 9(4A) inserted by No. 48/2012 s. 44(2).
(4A) For the avoidance of doubt, an aggregate sentence of imprisonment may be imposed in respect of convictions for offences that are the subject of a rolled-up charge or a representative charge.
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.
S. 9(5) inserted by No. 30/2010 s. 5.
(5) Subsection (4) does not affect the requirements of section 6AAA.
S. 9A inserted by No. 72/2014 s. 6.