Div 5for the offence.

Division 5 for the offence. (2) The court must: (a) make a community correction order in relation to the offender (with or without recording a conviction); and (b) if the conditions mentioned in section 36 can be satisfied in relation to the offender – impose a condition mentioned in section 34(1)(a) on the community correction order. 78DA Offence against section 189A of Criminal Code – imprisonment section 189A of the Criminal Code. Sentencing Act 1995 60 (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 imprisonment in relation to the offender if the victim suffered physical harm as a result of the offence but the court is not required to impose a minimum sentence under subsection (2). (3A) The court must impose a minimum sentence of 3 months actual imprisonment in relation to the offender if the circumstances mentioned in section 189A(2)(ab) of the Criminal Code apply in relation to the offence but the court is not required to impose a minimum sentence under subsection (2) or (3). (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), (3) or (3A). 78DBA Offence against section 189A 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 189A of the Criminal Code; and (b) the court is not required to impose a minimum sentence of actual imprisonment or impose a term of actual imprisonment under section 78DA in relation to the offender; and (c) the court has decided not to impose a custodial order under Division 5 for the offence. (2) The court must: (a) make a community correction order in relation to the offender (with or without recording a conviction); and Sentencing Act 1995 61 (b) if the conditions mentioned in section 36 can be satisfied in relation to the offender – impose a condition mentioned in section 34(1)(a) on the community correction order. 78DB Exceptional circumstances exemption (1) If a court is required to impose a minimum sentence of a specified period of actual imprisonment for an offence and the court is satisfied that the circumstances of the case are exceptional: (a) a provision of this Subdivision requiring the 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. (2) In deciding whether it is satisfied that circumstances of a case are exceptional, the court may have regard to: (a) any victim impact statement or victim report presented to the court under section 106B; and (b) any other matter the court considers relevant. (3) The following do not constitute exceptional circumstances of a case: (a) that the offender was voluntarily intoxicated by alcohol, drugs or a combination of alcohol and drugs at the time the offender committed the offence; (b) that another person: (i) was involved in the commission of the offence; or (ii) coerced the person to commit the offence.