New South Wales Consolidated Acts

CRIMES (SENTENCING PROCEDURE) ACT 1999 - SECT 77

77 Home detention not available for offenders with certain history

(1) A home detention order may not be made for an offender:

(a) who has at any time been convicted of any of the following offences:

(i) murder, attempted murder or manslaughter,

(ii) sexual assault of adults or children or sexual offences involving children, or

(b) who has at any time been convicted of an offence under section 13 of the Crimes (Domestic and Personal Violence) Act 2007 or section 545AB or 562AB of the Crimes Act 1900 of stalking or intimidating a person with the intention of causing the person to fear personal injury, or

(c) who has at any time within the last 5 years been convicted of a domestic violence offence against any person with whom it is likely the offender would reside, or continue or resume a relationship, if a home detention order were made, or

(d) who has at any time been convicted of any offence prescribed by the regulations for the purposes of this paragraph, or

(e) who is (or has at any time within the last 5 years been) subject to an apprehended violence order (within the meaning of the Crimes (Domestic and Personal Violence) Act 2007 ), or an apprehended violence order made under Part 15A of the Crimes Act 1900 before its repeal, being an order made for the protection of a person with whom it is likely the offender would reside, or continue or resume a relationship, if a home detention order were made.

(2) Offences prescribed by regulations made for the purposes of subsection (1) (d) may include offences under a law of the Commonwealth or of another State or a Territory.