Crimes Act 1961

202BA Sentencing for second crime against section 202A(4)

• Where—

  • (a) any person is convicted of a crime against paragraph (a) or paragraph (b) of section 202A(4); and

  • (b) that person has previously been convicted on at least 1 occasion within the preceding 2 years of a crime against either of those paragraphs,—

  the court shall impose a sentence of imprisonment (within the meaning of section 4(1) of the Sentencing Act 2002) on the offender unless the court is satisfied that, because of the special circumstances of the offence or of the offender, the offender should not be so sentenced.

  Section 202BA: inserted, on 1 August 1987, by section 3 of the Crimes Amendment Act (No 2) 1987 (1987 No 167).

  Section 202BA: amended, on 30 June 2002, by section 186 of the Sentencing Act 2002 (2002 No 9).