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Sentencing Act 1995
74Discharge of indefinite sentence
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74 Discharge of indefinite sentence
(1) Unless it is satisfied to a high degree of probability that the offender
is still a serious danger to the community when a review is made
under section 72 or 73, the Supreme Court must:
(a) order that the indefinite sentence is discharged; and
(b) sentence the offender under this Act for the violent offence for
which the indefinite sentence was imposed.
(2) Where the Supreme Court does not make an order under
subsection (1)(a), the indefinite sentence continues in force.
(3) A sentence imposed under subsection (1)(b):
(a) is taken to have started on the day the indefinite sentence was
originally imposed; and
(b) takes the place of the indefinite sentence; and
(c) must be not less than the nominal sentence.