98E Aggravating factors

(1)

When determining the sentence to be imposed on, or other way of dealing with, a person convicted of an offence against section 98C or section 98D, a court must take into account—

(a)

whether bodily harm or death (whether to or of a person in respect of whom the offence was committed or some other person) occurred during the commission of the offence:

(b)

whether the offence was committed for the benefit of, at the direction of, or in association with, an organised criminal group (within the meaning of section 98A(2)):

(c)

whether a person in respect of whom the offence was committed was subjected to inhuman or degrading treatment as a result of the commission of the offence:

(d)

if during the proceedings concerned the person was convicted of the same offence in respect of 2 or more people, the number of people in respect of whom the offence was committed.

(2)

When determining the sentence to be imposed on, or other way of dealing with, a person convicted of an offence against section 98D, a court must also take into account—

(a)

whether a person in respect of whom the offence was committed was subjected to exploitation (for example, sexual exploitation, a requirement to undertake forced labour, or the removal of organs) as a result of the commission of the offence:

(b)

the age of the person in respect of whom the offence was committed and, in particular, whether the person was under the age of 18 years:

(c)

whether the person convicted committed the offence, or took actions that were part of it, for a material benefit.

(3)

The examples in paragraph (a) of subsection (2) do not limit the generality of that paragraph.

(4)

This section does not limit the matters that a court may take into account when determining the sentence to be imposed on, or other way of dealing with, a person convicted of an offence against section 98C or section 98D.

Section 98E: inserted, on 18 June 2002, by section 5 of the Crimes Amendment Act 2002 (2002 No 20).