21BSentencing patterns and practices

#### 21B Sentencing patterns and practices 21B Sentencing patterns and practices > > (1) A court must sentence an offender in accordance with the sentencing patterns and practices at the time of sentencing. > > > (2) However, the standard non-parole period for an offence is the standard non-parole period, if any, that applied at the time the offence was committed, not at the time of sentencing. > > > (3) Despite subsection (1), a court may sentence an offender for an offence in accordance with the sentencing patterns and practices at the time the offence was committed if— > > > > > (a) the offence is not a child sexual offence, and > > > > > (b) the offender establishes that there are exceptional circumstances. > > > (4) When varying or substituting a sentence, a court must vary or substitute the sentence in accordance with the sentencing patterns and practices at the time of the original sentencing. > > > (5) This section does not affect section 19. > > > (6) In this section— > > > > child sexual offence has the same meaning as in section 25AA. > > **s 21B:** Ins 2022 No 44, Sch 1\[1\].