Sentencing Act 2002

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Imposition of minimum period of imprisonment or imprisonment without parole

Heading: amended, on 1 June 2010, by section 9 of the Sentencing and Parole Reform Act 2010 (2010 No 33).

103 Imposition of minimum period of imprisonment or imprisonment without parole if life imprisonment imposed for murder

(1)

If a court sentences an offender convicted of murder to imprisonment for life it must,—

(a)

if section 86E(1) does not apply to the conviction,—

(i)

order that the offender serve a minimum period of imprisonment under that sentence; or

(ii)

if subsection (2A) applies, make an order under that subsection; or

(b)

in any case where section 86E(1) applies to the conviction, take the action prescribed by that section.

(2)

The minimum term of imprisonment ordered may not be less than 10 years, and must be the minimum term of imprisonment that the court considers necessary to satisfy all or any of the following purposes:

(a)

holding the offender accountable for the harm done to the victim and the community by the offending:

(b)

denouncing the conduct in which the offender was involved:

(c)

deterring the offender or other persons from committing the same or a similar offence:

(d)

protecting the community from the offender.

(2A)

If the court that sentences an offender convicted of murder to imprisonment for life is satisfied that no minimum term of imprisonment would be sufficient to satisfy 1 or more of the purposes stated in subsection (2), the court may order that the offender serve the sentence without parole.

(2B)

The court may not make an order under subsection (2A) unless the offender was 18 years of age or over at the time that the offender committed the murder.

(3)

[Repealed]

(4)

[Repealed]

(5)

[Repealed]

(6)

[Repealed]

(7)

Subsection (2) is subject to section 104.

Section 103 heading: amended, on 1 June 2010, by section 10(1) of the Sentencing and Parole Reform Act 2010 (2010 No 33).

Section 103(1): replaced, on 1 June 2010, by section 10(2) of the Sentencing and Parole Reform Act 2010 (2010 No 33).

Section 103(2): replaced, on 7 July 2004, by section 12 of the Sentencing Amendment Act 2004 (2004 No 68).

Section 103(2A): inserted, on 1 June 2010, by section 10(3) of the Sentencing and Parole Reform Act 2010 (2010 No 33).

Section 103(2B): inserted, on 1 June 2010, by section 10(3) of the Sentencing and Parole Reform Act 2010 (2010 No 33).

Section 103(3): repealed, on 7 July 2004, by section 12 of the Sentencing Amendment Act 2004 (2004 No 68).

Section 103(4): repealed, on 7 July 2004, by section 12 of the Sentencing Amendment Act 2004 (2004 No 68).

Section 103(5): repealed, on 7 July 2004, by section 12 of the Sentencing Amendment Act 2004 (2004 No 68).

Section 103(6): repealed, on 7 July 2004, by section 12 of the Sentencing Amendment Act 2004 (2004 No 68).

Section 103(7): amended, on 1 June 2010, by section 10(4) of the Sentencing and Parole Reform Act 2010 (2010 No 33).