Northern Territory Consolidated Acts

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SENTENCING ACT - SECT 78BA

Mandatory imprisonment for certain violent offences

78BA. Mandatory imprisonment for certain violent offences

(1) This section applies to:

(a) any of the following violent offences:

(i) an offence against section 181 or 186 of the Criminal Code;

(ii) an offence against section 188 or 189A of the Criminal Code that results in harm to the victim; and

(b) any other violent offence committed after the offender has (before or after the commencement of this section) been found guilty of:

(i) a violent offence; or

(ii) an offence substantially corresponding to a violent offence committed against a law that was later repealed or the law of some other jurisdiction (including a jurisdiction outside Australia).

(1A) However, if an offence in subsection (1)(a) relates to causing or resulting in only physical harm to a victim, this section applies only if the harm is a physical injury that interferes with the victim's health.

Example

A is found guilty of an offence against section 186 for unlawfully causing physical harm to B. If the harm consists only of pain that does not amount to a physical injury that interferes with B's health, this section does not apply to the sentencing of A for the offence.

(2) If a court finds an offender guilty of an offence to which this section applies, the court must record a conviction and must order that the offender serve:

(a) a term of actual imprisonment; or

(b) a term of imprisonment that is partly, but not wholly, suspended.

(3) This section does not prevent the sentencing court from exercising powers that may be exercised consistently with this section.



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