SENTENCING ACT 1995 - SECT 78CA Imposition of minimum sentence

SENTENCING ACT 1995 - SECT 78CA

    (1)     If a court is required to impose a minimum sentence of a specified period of actual imprisonment in relation to an offender, the court:

        (a)     must record a conviction against the offender; and

        (b)     must sentence the offender to a term of imprisonment of not less than the specified period; and

        (c)     must not make an order under section 40 in relation to the term of imprisonment; and

        (d)     must not make an intensive community correction order in relation to the offender.

    (2)     Despite subsection (1), if the offender is a youth:

        (a)     a provision of Subdivision 2 requiring a court to impose a minimum sentence of a specified period does not apply in relation to the offender; and

        (b)     the court must instead comply with section 78CB as if that section applied to the case.

    (3)     In this section:

"youth", see section 6 of the Youth Justice Act 2005 .