CRIMES ACT 1900 - SECT 25B
Assault causing death when intoxicated--mandatory minimum sentence
CRIMES ACT 1900 - SECT 25B
Assault causing death when intoxicated--mandatory minimum sentence
25B Assault causing death when intoxicated--mandatory minimum sentence
(1) A court is required to impose a sentence of imprisonment of not less than
8 years on a person guilty of an offence under section 25A (2). Any non-parole
period for the sentence is also required to be not less than 8 years.
(2) If
this section requires a person to be sentenced to a minimum period of
imprisonment, nothing in section 21 (or any other provision) of the
Crimes (Sentencing Procedure) Act 1999 or in any other Act or law authorises
a court to impose a lesser or no sentence (or to impose a lesser non-parole
period).
(3) Nothing in this section (apart from subsection (2)) affects the
provisions of the Crimes (Sentencing Procedure) Act 1999 or any other Act or
law relating to the sentencing of offenders.
(4) Nothing in this section
affects the prerogative of mercy.
