10ASpecial reasons relevant to imposing minimum non-parole periods

10A Special reasons relevant to imposing minimum non-parole periods

S. 10A(1) def. of impaired mental functioning amended by Nos 70/2013 s. 3(Sch. 1 item 49), 48/2018 ss 79(1)(a), 84(1), 39/2022 s. 862.

impaired mental functioning means—

(a) a mental illness within the meaning of the Mental Health and Wellbeing Act 2022; or

(b) an intellectual disability within the meaning of the Disability Act 2006; or

(c) an acquired brain injury; or

(d) an autism spectrum disorder; or

(e) a neurological impairment, including but not limited to dementia;

S. 10A(1) def. of self-induced intoxication inserted by No. 48/2018 s. 79(1)(b).

self-induced intoxication has the same meaning as in section 322T(5) and (6) of the Crimes Act 1958.

S. 10A(2) amended by Nos 72/2014 s. 8(2), 69/2014
s. 5(2) (as amended by No. 72/2014 s. 13(2)), 32/2016 s. 41(1), 50/2016 s. 6(1), 3/2019 s. 85(1).

(2) For the purposes of section 9B, 9C, 10, 10AA, 10AB, 10AC, 10AD or 10AE, a court may make a finding that a special reason exists if—

(a) the offender has assisted or has given an undertaking to assist, after sentencing, law enforcement authorities in the investigation or prosecution of an offence; or

1 Section 5(2AB) also applies.

2 If an offender fails to fulfil an undertaking, the Director of Public Prosecutions has a right under section 291 of the Criminal Procedure Act 2009 to appeal against the less severe sentence imposed.

S. 10A(2)(b) repealed by No. 48/2018 s. 79(2).

(c) the offender proves on the balance of probabilities that—

S. 10A(2)(c)(i) amended by Nos 48/2018 s. 79(3), 23/2020 s. 5(1).

(i) subject to subsection (2A), at the time of the commission of the offence, he or she had impaired mental functioning that is causally linked to the commission of the offence and substantially and materially reduces the offender's culpability; or

S. 10A(2)(c)(ii) amended by No. 48/2018 s. 79(4).

(ii) he or she has impaired mental functioning that would result in the offender being subject to substantially and materially greater than the ordinary burden or risks of imprisonment; or

S. 10A(2)(d) amended by No. 79/2014 s. 71.

(d) the court proposes to make a Court Secure Treatment Order or a residential treatment order in respect of the offender; or