New South Wales Consolidated Acts

CRIMES ACT 1900 - SECT 431A

431A Life sentences

(1) This section applies to offences under:

(a) an Act, or

(b) an Imperial Act so far as it applies in New South Wales, or

(c) a rule of law.

(2) A person is not liable to the punishment of imprisonment for life for any offence to which this section applies except for the offence of murder, for an offence under section 61JA, for an offence under section 66A (2) or for an offence carrying that punishment under the Drug Misuse and Trafficking Act 1985 .

(3) Where, but for this subsection, no penalty would be provided for an offence to which this section applies that was formerly punishable by imprisonment for life, that offence is punishable by imprisonment for 25 years.

(4) This section applies to offences committed before or after the commencement of this section. However, this section does not apply where committal proceedings (or proceedings by way of ex officio indictment) for the offence were instituted against the convicted person before the commencement of this section.

(5) Any amendment made by the Crimes (Life Sentences) Amendment Act 1989 altering the penalty for an offence under this Act from imprisonment for life to imprisonment for 25 years applies to an offence committed before or after the commencement of the amendment. However, the amendment does not apply where committal proceedings (or proceedings by way of ex officio indictment) for the offence were instituted against the convicted person before the commencement of the amendment.