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Crimes (Sentencing) Act 2005
59Consequences of taking offences into account in
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59 Consequences of taking offences into account in
account for the principal offence.
(2) The court must certify, on the list of additional offences, that the
additional offence has been taken into account.
(3) A proceeding must not be started or continued in relation to the
additional offence unless the conviction or finding of guilt for the
principal offence is reversed or set aside.
(4) Subsection (3) does not prevent the court from taking the additional
offence into account if the court, on a later occasion, makes another
sentence-related order for the offender, or re-sentences the offender,
for the principal offence.
(5) The offender’s admission of guilt in relation to the additional offence
is not admissible in evidence in a proceeding in relation to—
(a) the additional offence; or
(b) any other offence mentioned in the list of additional offences.
(6) The offender is not, for any purpose, taken to have been convicted or
found guilty of the additional offence only because the additional
offence is taken into account.