Sentencing Act 1995
108AStating and recording requirement for sentence after guilty
Start here
Get a plain-English read of 108A
Turn the raw legal text into a practical explanation grounded in Sentencing Act 1995.
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