Australian Capital Territory Consolidated Acts

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CRIMES (SENTENCING) ACT 2005 - SECT 40A

Pre-sentence report matters

For this part, each of the following is a pre-sentence report matter in relation to the offender:

        (a)     the offender's age;

        (b)     the offender's social history and background (including cultural background);

        (c)     the offender's medical and psychiatric history;

        (d)     the offender's educational background;

        (e)     the offender's employment history;

        (f)     the extent to which the offender is complying, or has complied, with any sentence;

        (g)     the offender's financial circumstances;

        (h)     any special needs of the offender;

              (i)     any courses, programs, treatment, therapy or other assistance that is available to the offender and from which the offender may benefit;

        (j)     any risk assessments made of the likelihood that the offender will commit further offences or of things (including circumstances) that may make the offender more likely to commit further offences;

        (k)     the opinion of the assessor preparing a pre-sentence report for the offender in relation to an offence, and the basis for the opinion, about the following:

              (i)     the offender's attitude to the offence;

              (ii)     the need to protect victims of the offence from violence or harassment by the offender;

              (iii)     anything that may make the offender more likely to commit further offences;

Examples—par (iii)

1     dependence on alcohol or a controlled drug

2     a gambling addiction

3     association with particular people

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

              (iv)     the likelihood that the offender may commit further offences;

              (v)     whether it would be appropriate to refer the offender for restorative justice under the Crimes (Restorative Justice) Act 2004 .

Note     See s 133E for additional pre-sentence report matters for young offenders.



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