TASIn ForceAct
Sentencing Act 1997
100Old offence relevant in determining previous conviction
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### 100 Old offence relevant in determining previous conviction
> > (1) A finding of guilt or conviction for an old offence counts as a finding of guilt or conviction for a new offence for the purpose of determining whether or not a person has previously been found guilty or convicted of the new offence.
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> > (2) For the purposes of this section an old offence is an offence under a repealed enactment that is constituted by the same acts, omissions, matters, circumstances or things as an offence (in this section called
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> > > ***the new offence***) under an enactment that substantially re-enacts, whether in the same language or not, the repealed enactment.
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> > (3) Unless the contrary intention appears in the enactment creating the new offence, this section has effect even if the new offence differs from the old offence in –
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> > > > (a) its penalty; or
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> > > > (b) the procedure applicable to its prosecution; or
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> > > > (c) its classification; or
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> > > > (d) its name.