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CRIMES (SENTENCING PROCEDURE) ACT 1999 - SECT 45
Court may decline to set non-parole period
(1) When sentencing an offender to imprisonment for an offence or, in the case
of an aggregate sentence of imprisonment, for offences (other than an offence
or offences set out in the Table to Division 1A of this Part), a court may
decline to set a non-parole period for the offence or offences if it appears
to the court that it is appropriate to do so: (a) because of the nature of the
offence to which the sentence, or of each of the offences to which an
aggregate sentence relates, or the antecedent character of the offender, or
(b) because of any other penalty previously imposed on the offender, or
(c)
for any other reason that the court considers sufficient.
(2) If a court
declines to set a non-parole period for a sentence of imprisonment or an
aggregate sentence of imprisonment, it must make a record of its reasons for
doing so.
(3) Subsection (2) does not limit any other requirement that a
court has, apart from that subsection, to record the reasons for its
decisions.
(4) The failure of a court to comply with the requirements of
subsection (2) with respect to a sentence does not invalidate the sentence.
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