New South Wales Consolidated Acts

HABITUAL CRIMINALS ACT 1957 - SECT 4

4 Judge may pronounce convicted person an habitual criminal

(1) When any person of or above the age of twenty-five years is convicted on indictment and has on at least two occasions previously served separate terms of imprisonment as a consequence of convictions of indictable offences, not being indictable offences that were dealt with summarily without his consent, then if the judge before whom such person is so convicted is satisfied that it is expedient with a view to such person’s reformation or the prevention of crime that such person should be detained in prison for a substantial time, the judge may, in addition to passing sentence upon such person for the offence of which the person is so convicted, pronounce the person to be an habitual criminal and shall thereupon pass a further sentence upon the person in accordance with the provisions of section 6.

(2) When any person of or above the age of twenty-five years is convicted summarily before a Magistrate of an indictable offence punishable summarily only with the consent of such person, and has on at least two occasions previously served separate terms of imprisonment as a consequence of convictions of indictable offences, not being indictable offences that were dealt with summarily without his or her consent, the Magistrate may, in addition to passing sentence upon the person for the offence of which the person is then convicted, direct that an application be made by a registrar of the District Court to a judge to have such person pronounced to be an habitual criminal.
If the judge to whom such application is made is satisfied that it is expedient with a view to such person’s reformation or the prevention of crime that such person should be detained in prison for a substantial time, the judge may pronounce the person to be an habitual criminal and shall thereupon pass sentence upon the person in accordance with the provisions of section 6.

(3) This section shall apply:

(a) whether any such previous conviction or imprisonment took place within or without New South Wales and either before or after the commencement of this Act,

(b) whether any such previous imprisonment was served as a consequence of a conviction for an indictable offence committed before or after any previous pronouncement as an habitual criminal, made under this Act, of the person to whom the conviction relates, or any previous declaration as an habitual criminal, made under the Habitual Criminals Act 1905-1952 , of such person.

(4)

(a) Any term of imprisonment served by any person as a consequence of conviction of an indictable offence which term was served cumulatively upon any other term of imprisonment served by such person as a consequence of conviction of such an offence shall not, for the purposes of this section, be counted as a separate term of imprisonment previously served by such person as a consequence of conviction of such an offence.

(b) Where any term of imprisonment served by any person as a consequence of conviction of an indictable offence was served concurrently or partly concurrently with any other term of imprisonment served by such person as a consequence of conviction of such an offence, such terms of imprisonment shall, for the purposes of this section, be counted as one separate term of imprisonment previously served by such person as a consequence of conviction of such an offence.