78CDefinitions

78C Definitions impose a minimum sentence, see section 78CA. impose a term of actual imprisonment, see section 78CB. offensive weapon, see section 1 of the Criminal Code. physical harm, in relation to a person, means a physical injury that interferes with the person's health. Sentencing Act 1995 57 violent offence means: (a) an offence against a provision of the Criminal Code listed in Schedule 2; or (b) an offence substantially corresponding to an offence mentioned in paragraph (a) against: (i) a law that has been repealed; or (ii) a law of another jurisdiction (including a jurisdiction outside Australia). 78CA Imposition of minimum sentence (1) If a court is required to impose a minimum sentence of a specified period of actual imprisonment in relation to an offender, the court: (a) must record a conviction against the offender; and (b) must sentence the offender to a term of imprisonment of not less than the specified period; and (c) must not make an order under section 40 in relation to the term of imprisonment; and (d) must not make an intensive community correction order in relation to the offender. (2) Despite subsection (1), if the offender is a youth: (a) a provision of Subdivision 2 requiring a court to impose a minimum sentence of a specified period does not apply in relation to the offender; and (b) the court must instead comply with section 78CB as if that section applied to the case. youth, see section 6 of the Youth Justice Act 2005. 78CB Imposition of term of actual imprisonment (1) If a court is required to impose a term of actual imprisonment in relation to an offender the court must: (a) record a conviction against the offender; and (b) sentence the offender to a term of imprisonment. Sentencing Act 1995 58 (2) In addition to subsection (1), the court may: (a) make an order under section 40 in relation to part, but not the whole of, the term of imprisonment; or (b) make an intensive community correction order, subject to a home detention condition, in relation to the offender. 78D Offence against section 155A of Criminal Code involving assault section 155A of the Criminal Code that was committed by assaulting a person. (2) The court must impose a minimum sentence of 12 months actual and (c) the offender has previously been convicted of a violent offence (3) The court must impose a minimum sentence of 3 months actual and (c) the offender has not previously been convicted of a violent (4) The court must impose a term of actual imprisonment in relation to the offender if the offender has previously been convicted of a violent offence (whenever committed) but the court is not required to impose a minimum sentence under subsection (2). Sentencing Act 1995 59 78DAA Offence against section 188A of Criminal Code – imprisonment section 188A of the Criminal Code. (2) The court must impose a term of actual imprisonment in relation to the offender if: (a) the victim suffered physical harm as a result of the offence; and (b) the offender has previously been convicted of a violent offence 78DAB Offence against section 188A of Criminal Code – community correction order (1) The court must sentence an offender in accordance with this section if: (a) the court finds the offender guilty of an offence against section 188A of the Criminal Code; and and (c) the court is not required to impose a term of actual imprisonment under section 78DAA in relation to the offender; and (d) the court has decided not to impose a custodial order under