Crimes Act 1914
Part IB
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Sentencing, imprisonment and release of federal offenders
Division 2
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General sentencing principles
SECTION 16AAC
Exclusions and reductions
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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:
(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:
View history note
Hide history notePeople 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 1AA to 1H 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 1AA to 1H 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
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.
(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;
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