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Crimes (Sentencing) Act 2005
10Imprisonment
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10 Imprisonment
(1) This section applies if a court is sentencing an offender convicted of
an offence punishable by imprisonment.
(2) The court may, by order, sentence the offender to imprisonment, for
all or part of the term of the sentence, if the court is satisfied, having
considered possible alternatives, that no other penalty is appropriate.
Note 1 An order sentencing an offender to imprisonment may be part of a
combination sentence together with other sentencing options (see pt 3.6).
Note 2 See s 133G for additional matters that apply in sentencing a young
offender to imprisonment.
(3) If the court sentences the offender to imprisonment, the sentence must
be served by full-time detention at a correctional centre, unless—
(a) the court orders otherwise; or
(b) the offender is released from full-time detention under this Act
or another territory law.
Examples—par (a)
1 the court makes an intensive correction order
2 the court makes a suspended sentence order
Example—par (b)
release on parole under the Crimes (Sentence Administration) Act 2005
Note For a young offender who is under 21 years old when the sentence is
imposed, see s 133H.
(4) If the court sentences the offender to imprisonment, the court must
record the reasons for its decision.
(5) Failure to comply with subsection (4) does not invalidate the sentence
(6) This section also applies subject to any contrary intention in the law
that directly or indirectly creates the offence or directly or indirectly
affects its scope or operation.
(7) This section is subject to chapter 5 (Imprisonment).