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SENTENCING ACT 1997 - SECT 11A Matters to be taken or not taken into account in sentencing certain sexual offenders

SENTENCING ACT 1997 - SECT 11A

Matters to be taken or not taken into account in sentencing certain sexual offenders

(1)  In this section –
aggravating circumstance , in relation to a sexual offence, includes, but is not limited to, the following:
(a) the victim being under the care, supervision or authority of the offender;
(b) the victim being a person with a disability;
(c) the victim being under the age of 13 years;
(d) the offender committing the offence in whole or in part in the presence of any other person or persons, besides the victim;
(da) the victim being under the age of 18 years and the offender being a person in a position of authority in relation to the victim (regardless of whether the offence is under section 124A of the Criminal Code, or any other section of the Criminal Code );
(e) the offender subjecting the victim to violence or the threat of violence;
(f) the offender supplying the victim with alcohol or drugs with the intention of facilitating the commission of the offence;
(g) the offender making forced or uninvited entry into the victim's home or other premises;
(h) the offender doing, in the course of committing the sexual offence, an act likely to seriously and substantially degrade or humiliate the victim;
(i) the offender causing any other person or persons to carry out an act referred to in paragraph (e) , (f) , (g) or (h) of this definition;
disability means any restriction or lack (resulting from any absence, loss or abnormality of mental, psychological, physiological or anatomical structure or function) of ability to perform an activity in a normal manner;
person in a position of authority has the same meaning as in section 124A of the Criminal Code ;
sexual offence means –
(a) a crime under section 124 , 124A , 125 , 125A , 125B , 125C , 126 , 127 , 127A , 129 , 130 , 130A , 133 or 185 of the Criminal Code ; or
(b) an attempt to commit a crime referred to in paragraph (a) of this definition; or
(c) a crime under section 170A of the Criminal Code , the commission of which involved an unlawful family violence act involving –
(i) a crime referred to in paragraph (a) of this definition; or
(ii) an attempt to commit a crime referred to in paragraph (a) of this definition.
(2)  In determining the appropriate sentence for an offender convicted of a sexual offence –
(a) the court is to take into account any aggravating circumstance in relation to the sexual offence; and
(b) the court is not to take into account the offender's good character or lack of previous convictions if the court is satisfied that the offender's alleged good character or lack of previous convictions was of assistance to the offender in the commission of the sexual offence.
(3)  In determining the appropriate sentence for an offender convicted of a child sexual offence, the court is to take into account the sentencing patterns and practices at the time of sentencing.