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CRIMES ACT 1914 - SECT 16AA Matters to which court to have regard when passing sentence etc.--Northern Territory offences

CRIMES ACT 1914 - SECT 16AA

Matters to which court to have regard when passing sentence etc.--Northern Territory offences

  (1)   In determining the sentence to be passed, or the order to be made, in relation to any person for an offence against a law of the Northern Territory, a court must not take into account any form of customary law or cultural practice as a reason for:

  (a)   excusing, justifying, authorising, requiring or lessening the seriousness of the criminal behaviour to which the offence relates; or

  (b)   aggravating the seriousness of the criminal behaviour to which the offence relates.

  (2)   Subsection   (1) does not apply in relation to an offence against the following:

  (a)   sections   33, 34 and 35 of the Northern Territory Aboriginal Sacred Sites Act 1989 (NT);

  (c)   section   4 of the Aboriginal Land Act 1978 (NT);

  (d)   sections   111, 112 and 113 of the Heritage Act 2011 (NT);

  (e)   any other law prescribed by the regulations that relates to:

  (i)   entering, remaining on or damaging cultural heritage; or

  (ii)   damaging or removing a cultural heritage object.

  (3)   In subsection   (1):

"criminal behaviour" includes:

  (a)   any conduct, omission to act, circumstance or result that is, or forms part of, a physical element of the offence in question; and

  (b)   any fault element relating to such a physical element.

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