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Sentencing Act 1995
55Minimum non-parole period for offence of sexual intercourse
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55 Minimum non-parole period for offence of sexual intercourse
without consent
(1) If a court sentences an offender to be imprisoned for a specified
offence for 12 months or longer, that is not suspended in whole or
Sentencing Act 1995 42
in part, the court must, under section 53(1), fix a period of not less
than 70% of the period of imprisonment that the offender is to serve
under the sentence.
(2) However, subsection (1) does not apply if, under section 53(1), the
court considers that the fixing of a non-parole period is
inappropriate.
specified offence means:
(a) an offence against section 208H of the Criminal Code; or
(b) an offence against section 192(3) of the Criminal Code, as in
force before the commencement of Part 2 of the Criminal
Justice Legislation Amendment (Sexual Offences) Act 2023.