MAGISTRATES' COURT ACT 1989 - SECT 4G Sentencing procedure in Koori Court Division
MAGISTRATES' COURT ACT 1989 - SECT 4G
Sentencing procedure in Koori Court DivisionS. 4G(1) amended by No. 68/2009 s. 97(Sch. item 82.7).
(1) This section applies to the Koori Court Division when it is considering which sentence to impose on an accused.
(2) The Koori Court Division may consider any oral statement made to it by an Aboriginal elder or respected person.
(3) The Koori Court Division may inform itself in any way it thinks fit, including by considering a report prepared by, or a statement or submission prepared or made to it by, or evidence given to it by—
(a) a Koori Court officer employed as an Aboriginal justice worker; or
(b) a community corrections officer appointed under Part 4 of the Corrections Act 1986 ; or
(c) a health service provider; or
(d) a victim of the offence; or
S. 4G(3)(e) amended by No. 68/2009 s. 97(Sch. item 82.8).
(e) a family member of the accused; or
(f) anyone else whom the Koori Court Division considers appropriate.
(4) Nothing in this section affects the requirement to observe the rules of natural justice.
(5) This section does not limit—
(a) any other power conferred on the Court by or under this or any other Act; or
(b) any other specific provision made by or under this or any other Act for the making of any report, statement or submission, or the giving of any evidence, to the Court for the purpose of assisting it in determining sentence.
S. 4G(6) inserted by No. 69/2009 s. 54(Sch. Pt 1 item 34.1).
(6) To avoid doubt, Part 3.10 of the Evidence Act 2008 does not apply to the Koori Court Division in considering the sentence to impose under this section, unless the Koori Court Division directs, in accordance with section 4(2) of the Evidence Act 2008 , that it applies.
S. 4H inserted by No. 77/2004 s. 4, amended by Nos 19/2005 s. 4(5), 53/2016 s. 104, 33/2018 ss 42, 43, repealed by No. 33/2018 s. 44(1).
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S. 4I inserted by No. 77/2004 s. 4, amended by Nos 52/2008 s. 253(1)(2), 68/2009 s. 97(Sch. item 82.9), 42/2014 s. 105, 53/2016 s. 105, repealed by No. 33/2018 s. 44(1).
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S. 4IA inserted by No. 33/2018 s. 36.