QLDIn ForceAct
Youth Justice Act 1992
sec.434Application of Criminal Code, s 305
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### sec.434 Application of Criminal Code, s 305
This section applies for the purpose of applying the Criminal Code, section 305(2) and (3) (the Code provisions ) to a child under section 175A(7) of this Act.
The court, in applying the Code provisions, may have regard to an offence of murder that was committed before the commencement, whether the conviction or sentence for the murder happened before or happens after the commencement.
Subsection (2) applies even if the offence of murder is an offence—
for which the court is also sentencing the child; or
that the court is taking into account on the sentence of the child.
s 434 ins 2024 No. 54 s 36
(sec.434-ssec.1) This section applies for the purpose of applying the Criminal Code, section 305(2) and (3) (the Code provisions ) to a child under section 175A(7) of this Act.
(sec.434-ssec.2) The court, in applying the Code provisions, may have regard to an offence of murder that was committed before the commencement, whether the conviction or sentence for the murder happened before or happens after the commencement.
(sec.434-ssec.3) Subsection (2) applies even if the offence of murder is an offence— for which the court is also sentencing the child; or that the court is taking into account on the sentence of the child.
- (a) for which the court is also sentencing the child; or
- (b) that the court is taking into account on the sentence of the child.