CRIMES (SENTENCING PROCEDURE) ACT 1999 - SECT 60G
Final sentence
CRIMES (SENTENCING PROCEDURE) ACT 1999 - SECT 60G
Final sentence
(1) A court may, after conducting a progress review -- (a) impose a final
sentence on the offender , or (b) decline to impose a final sentence on the
offender . (2) A court imposes a final sentence by-- (a) setting aside the
provisional sentence and substituting instead another sentence as the final
sentence for the offender , or (b) confirming the provisional sentence as the
final sentence for the offender . (3) If the court sets aside the provisional
sentence -- (a) the term of imprisonment imposed under the final sentence is
not to exceed the term of imprisonment imposed under the provisional sentence ,
and (b) the non-parole period (if any) set for the final sentence is not to
exceed the non-parole period set for the provisional sentence , and (c) the
final sentence imposed is taken to have commenced on the day on which the
provisional sentence commenced. (4) Subject to this Division, this Part
applies to a final sentence in the same way as it applies to an ordinary
sentence . (5) A final sentence is not subject to review and redetermination
under this Division. (6) A decision to decline to impose a final sentence on
an offender is not a sentence and, accordingly, is not subject to appeal under
the Criminal Appeal Act 1912 . (7) A court that conducts a further
progress review after having declined to impose a final sentence on an
offender is to conduct that review as a fresh hearing in relation to the
question of whether it is appropriate to impose a final sentence on the
offender .
http://www.austlii.edu.au/au/legis/nsw/consol_act/cpa1999278/s60g.html