203Section 10 of Crimes (Sentencing Procedure) Act 1999 not applicable in certain circumstances

#### 203 Section 10 of Crimes (Sentencing Procedure) Act 1999 not applicable in certain circumstances 203 Section 10 of [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092) not applicable in certain circumstances (cf Gen Act, s 187(6)) > > (1) Section 10 of the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092) does not apply if a person is charged before a court with an applicable offence if, at the time of or during the period of 5 years immediately before the court’s determination in respect of the charge, that section is or has been applied to or in respect of the person in respect of a charge for another applicable offence (whether of the same or a different kind). > > > (2) Each of the following is an applicable offence for the purposes of subsection (1)— > > > > > (a) an offence against section 110, 111, 111A, 112(1), 118 or 146 or clause 16(1)(b), 17 or 18 of Schedule 3, > > > > > (b) an offence against section 117(1) of driving negligently (being driving occasioning death or grievous bodily harm), > > > > > (c) an offence against section 117(2) of driving a motor vehicle on a road furiously or recklessly or at a speed or in a manner which is dangerous to the public, > > > > > (d) an offence against section 52AB of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040), > > > > > (e), (f) (Repealed) > > > > > (g) an offence against a provision of an Act or statutory rule that is a former corresponding provision in relation to a provision referred to in paragraph (a), (b), (c) or (d), > > > > > (h) an offence of aiding, abetting, counselling or procuring the commission of an offence referred to in paragraph (a), (b), (c), (d) or (g). > > **s 203:** Am 2013 No 71, Sch 2.2 \[19\]–\[21\]; 2021 No 3, Sch 1\[6\].