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Sentencing Act 1995
108AStating and recording requirement for sentence after guilty
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108A Stating and recording requirement for sentence after guilty
plea
(a) an offender has pleaded guilty to and been found guilty of an
offence in the Local Court; and
(b) in sentencing the offender the Court has:
(i) had regard to the plea of guilty and the stage in the
proceedings at which the offender pleaded guilty; and
(ii) imposed a sentence that is less severe than the
sentence that the Court would have imposed but for the
plea of guilty.
(2) In imposing the sentence, the person constituting the Court must
also state and record the sentence that would have been imposed
but for the plea of guilty.
(3) However, it is not an error of law if the person does not state and
record the sentence mentioned in subsection (2).
Sentencing Act 1995 89