sec.161BDeclaration of conviction of serious violent offence

### sec.161B Declaration of conviction of serious violent offence If an offender is convicted of a serious violent offence under section 161A (a) , the sentencing court must declare the conviction to be a conviction of a serious violent offence as part of the sentence. However, the failure of the sentencing court to make a declaration as required under subsection (1) does not affect the fact that the offender has been convicted of a serious violent offence. If an offender is— convicted on indictment of an offence— against a provision mentioned in schedule 1 ; or of counselling or procuring the commission of, or attempting or conspiring to commit, an offence against a provision mentioned in schedule 1 ; and sentenced to 5 or more, but less than 10, years imprisonment for the offence, calculated under section 161C ; the sentencing court may declare the offender to be convicted of a serious violent offence as part of the sentence. Also, if an offender is— convicted on indictment of an offence— that involved the use, counselling or procuring the use, or conspiring or attempting to use, serious violence against another person; or that resulted in serious harm to another person; and sentenced to a term of imprisonment for the offence; the sentencing court may declare the offender to be convicted of a serious violent offence as part of the sentence. For subsections (3) and (4) , if an offender is convicted on indictment of an offence— that involved the use, counselling or procuring the use, or conspiring or attempting to use, violence against a child under 12 years; or that caused the death of a child under 12 years; the sentencing court must treat the age of the child as an aggravating factor in deciding whether to declare the offender to be convicted of a serious violent offence. s 161B ins 1997 No. 4 s 10 amd 2010 No. 48 s 7 ; 2010 No. 34 s 33 sch (sec.161B-ssec.1) If an offender is convicted of a serious violent offence under section 161A (a) , the sentencing court must declare the conviction to be a conviction of a serious violent offence as part of the sentence. (sec.161B-ssec.2) However, the failure of the sentencing court to make a declaration as required under subsection (1) does not affect the fact that the offender has been convicted of a serious violent offence. (sec.161B-ssec.3) If an offender is— convicted on indictment of an offence— against a provision mentioned in schedule 1 ; or of counselling or procuring the commission of, or attempting or conspiring to commit, an offence against a provision mentioned in schedule 1 ; and sentenced to 5 or more, but less than 10, years imprisonment for the offence, calculated under section 161C ; the sentencing court may declare the offender to be convicted of a serious violent offence as part of the sentence. (sec.161B-ssec.4) Also, if an offender is— convicted on indictment of an offence— that involved the use, counselling or procuring the use, or conspiring or attempting to use, serious violence against another person; or that resulted in serious harm to another person; and sentenced to a term of imprisonment for the offence; the sentencing court may declare the offender to be convicted of a serious violent offence as part of the sentence. (sec.161B-ssec.5) For subsections (3) and (4) , if an offender is convicted on indictment of an offence— that involved the use, counselling or procuring the use, or conspiring or attempting to use, violence against a child under 12 years; or that caused the death of a child under 12 years; the sentencing court must treat the age of the child as an aggravating factor in deciding whether to declare the offender to be convicted of a serious violent offence. - (a) convicted on indictment of an offence— (i) against a provision mentioned in schedule 1 ; or (ii) of counselling or procuring the commission of, or attempting or conspiring to commit, an offence against a provision mentioned in schedule 1 ; and - (i) against a provision mentioned in schedule 1 ; or - (ii) of counselling or procuring the commission of, or attempting or conspiring to commit, an offence against a provision mentioned in schedule 1 ; and - (b) sentenced to 5 or more, but less than 10, years imprisonment for the offence, calculated under section 161C ; - (i) against a provision mentioned in schedule 1 ; or - (ii) of counselling or procuring the commission of, or attempting or conspiring to commit, an offence against a provision mentioned in schedule 1 ; and - (a) convicted on indictment of an offence— (i) that involved the use, counselling or procuring the use, or conspiring or attempting to use, serious violence against another person; or (ii) that resulted in serious harm to another person; and - (i) that involved the use, counselling or procuring the use, or conspiring or attempting to use, serious violence against another person; or - (ii) that resulted in serious harm to another person; and - (b) sentenced to a term of imprisonment for the offence; - (i) that involved the use, counselling or procuring the use, or conspiring or attempting to use, serious violence against another person; or - (ii) that resulted in serious harm to another person; and - (a) that involved the use, counselling or procuring the use, or conspiring or attempting to use, violence against a child under 12 years; or - (b) that caused the death of a child under 12 years;