PENALTIES AND SENTENCES ACT 1992 - SECT 246
Supreme Court may reopen sentencing proceedings
PENALTIES AND SENTENCES ACT 1992 - SECT 246
Supreme Court may reopen sentencing proceedings
246 Supreme Court may reopen sentencing proceedings
(1) On the hearing of an application under section 245, the Supreme Court may
reopen the proceeding to the extent mentioned in section 245(1).
(2) The
Supreme Court may also, at any time, reopen the proceeding to the extent
mentioned in section 245(1) if a court reopens the proceeding under
section 188.
(3) If the Supreme Court reopens the proceeding under subsection
(1) or (2), the court must—
(a) give the parties an opportunity to be heard;
and
(b) if the person was sentenced under the repealed VLAD Act, section
7(1)(a) to a sentence other than life imprisonment or an
indefinite sentence—resentence the person to a further sentence as if the
law applicable to the further sentence were the law mentioned in
section 161R(2)(b); and
(c) if the person was sentenced under the repealed
VLAD Act, section 7(1)(a) to life imprisonment or an
indefinite sentence—resentence the person to a further sentence as if the
law applicable to the further sentence were the Corrective Services Act 2006.
(4) The court may have regard to—
(a) relevant material admitted before the
court during the previous trial and sentence of the person; and
(b) any other
material relevant to the further sentence.
(5) If the previous sentencing
court reduced, under section 13A, the further sentence imposed under the
repealed VLAD Act, section 7(1)(b) or (c), the court must have regard to the
material placed on the court file under section 13A(7)(c).
(6) Subsection (5)
does not—
(a) affect an order prohibiting publication that has been made in
relation to the material under section 13A(8); or
(b) limit the reopening of
a proceeding under section 188.
(7) Also, if the Supreme Court reopens the
proceeding under subsection (2), and the court that reopened the proceeding
under section 188 was a court other than the Supreme Court, the Supreme Court
may remit the resentencing of the person under subsection (3)(b) or (c) to the
other court.
