sec.108BWhen community service order must be made

### sec.108B When community service order must be made It is a circumstance of aggravation for a prescribed offence that the offender committed the offence in a public place while the offender was adversely affected by an intoxicating substance. If a court convicts an offender of a prescribed offence with the circumstance of aggravation mentioned in subsection (1) , the court must make a community service order for the offender whether or not the court also makes another order under this or another Act. However, subsection (2) does not apply if the court is satisfied that, because of any physical, intellectual or psychiatric disability of the offender, the offender is not capable of complying with a community service order. Subsection (2) is subject to sections 121 (4) , 125 (8) and 126 (6B) . s 108B ins 2014 No. 42 s 92 (sec.108B-ssec.1) It is a circumstance of aggravation for a prescribed offence that the offender committed the offence in a public place while the offender was adversely affected by an intoxicating substance. (sec.108B-ssec.2) If a court convicts an offender of a prescribed offence with the circumstance of aggravation mentioned in subsection (1) , the court must make a community service order for the offender whether or not the court also makes another order under this or another Act. (sec.108B-ssec.2A) However, subsection (2) does not apply if the court is satisfied that, because of any physical, intellectual or psychiatric disability of the offender, the offender is not capable of complying with a community service order. (sec.108B-ssec.3) Subsection (2) is subject to sections 121 (4) , 125 (8) and 126 (6B) .