CRIMES (SENTENCING) ACT 2005 - SECT 137 Reduction of sentence—appeal if assistance undertaking breached
CRIMES (SENTENCING) ACT 2005 - SECT 137
Reduction of sentence—appeal if assistance undertaking breached(1) This section applies if a court imposed a lesser penalty (including a shorter nonparole period) on an offender under section 36 (Reduction of sentence—assistance to law enforcement authorities) having regard to assistance undertaken to be provided by the offender to law enforcement authorities.
(2) If, after the sentence is imposed, the offender does not assist law enforcement authorities in accordance with the undertaking, the director of public prosecutions may, at any time during the term of the sentence, appeal against the inadequacy of the sentence.
(3) The director of public prosecutions must not appeal unless the director is of the opinion that the appeal is in the interests of the administration of justice.
(4) If the court hearing the appeal is satisfied that the offender has completely failed to assist law enforcement authorities in accordance with the undertaking, the court must substitute for the reduced sentence the sentence that it would otherwise have imposed.
(5) If the court hearing the appeal is satisfied that the offender has partly failed to assist law enforcement authorities in accordance with the undertaking, the court may substitute for the reduced sentence the sentence it considers appropriate.
(6) The sentence that may be substituted under subsection (5) must not exceed the sentence that may be substituted under subsection (4) if the offender had completely failed to assist law enforcement authorities in accordance with the undertaking.