Crimes Act 1914

Part IB - Sentencing, imprisonment and release of federal offenders  

Division 2 - General sentencing principles  

SECTION 16AAC   Exclusions and reductions - minimum penalties  
People aged under 18

(1)    
Section 16AAA and subsection 16AAB(2) do not apply to a person who was aged under 18 years when the offence that the relevant provision specifies a minimum penalty for was committed.

Reduction of minimum penalty

(2)    
A court may impose a sentence of imprisonment of less than the period specified in column 2 of an item of a table in section 16AAA or subsection 16AAB(2) only if the court considers it appropriate to reduce the sentence because of either or both of the following:

(a)    the court is taking into account, under paragraph 16A(2)(g) , the person pleading guilty;

(b)    

the court is taking into account, under paragraph 16A(2)(h) , the person having cooperated with law enforcement agencies in the investigation of:

(i) in relation to any of items 1A to 1E of the table in section 16AAA - the offence or an offence against subsection 80.2H(1) or 80.2HA(1) or Part 5.3 or 5.5 of the Criminal Code ; or

(ii) in relation to any of items 1 to 15 of the table in section 16AAA or any of the items in the table in subsection 16AAB(2) - the offence or a Commonwealth child sex offence.

(3)    
If a court may reduce a sentence, the court may reduce the sentence as follows:

(a)    if the court is taking into account, under paragraph 16A(2)(g) , the person pleading guilty - by an amount that is up to 25% of the period specified in column 2 of the applicable item in the relevant table;

(b)    

if the court is taking into account, under paragraph 16A(2)(h) , the person having cooperated with law enforcement agencies in the investigation of:

(i) in relation to any of items 1A to 1E of the table in section 16AAA - the offence or an offence against subsection 80.2H(1) or 80.2HA(1) or Part 5.3 or 5.5 of the Criminal Code ; or

(ii) in relation to any of items 1 to 15 of the table in section 16AAA or any of the items in the table in subsection 16AAB(2) - the offence or a Commonwealth child sex offence;

by an amount that is up to 25% of the period specified in column 2 of the applicable item in the relevant table;

(c)    if the court is taking into account both of the matters in paragraphs (a) and (b) - by an amount that is up to 50% of the period specified in column 2 of the applicable item in the relevant table.