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Sentencing Act 1995
78BAggravated property offences
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78B Aggravated property offences
(1) A court that finds a person guilty of an aggravated property offence
must take into account the purpose of this Division before
sentencing the person in relation to the offence.
(2) Unless there are exceptional circumstances in relation to the
offence or the offender, a court that records a conviction against an
offender found guilty of an aggravated property offence must:
(a) order the offender to serve a term of imprisonment that is not
suspended in whole or in part; or
(b) make an intensive community correction order in relation to
the offender and make the order subject to a home detention
condition; or
(c) make a community correction order or an intensive community
correction order in relation to the offender and make the order
subject to a condition that the offender must participate, for the
(4) Nothing in subsection (2) is to be taken to affect the power of a
court to make any other order authorised by or under this or any
other Act, including a community correction order or an intensive
community correction order subject to other conditions in addition to
the conditions mentioned in subsection (2), in addition to an order
made in accordance with the subsection.