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Act index » Part 3 - Sentences » Division 2 - Custodial orders Subdivision (1)—Imprisonment
10A Special reasons relevant to imposing minimum non- parole periods
(1)In this section—
impaired mental functioning means—
S. 10A(1) def. of impaired mental functioning amended by Nos 70/2013 s. 3(Sch. 1 item 49), 48/2018 ss 79(1)(a), 84(1), 39/2022 s. 862.
(a)the offender has assisted or has given an undertaking to assist, after sentencing, law enforcement authorities in the investigation or prosecution of an offence; or
(c)the offender proves on the balance of probabilities that—
(i)subject to subsection (2A), at the time of the commission of the offence, he or she had impaired mental functioning that is causally linked to the commission of the offence and substantially and materially reduces the offender's culpability; or
(ii)he or she has impaired mental functioning that would result in the offender being subject to substantially and materially greater than the ordinary burden or risks of imprisonment; or
(a)must regard general deterrence and denunciation of the offender's conduct as having greater importance than the other purposes set out in section 5(1); and
(b)must give less weight to the personal circumstances of the offender than to other matters such as the nature and gravity of the offence; and
(c)must not have regard to—
(i)the offender's previous good character (other than an absence of previous convictions or findings of guilt); or
(ii)an early guilty plea; or
(iii)prospects of rehabilitation; or
(iv)parity with other sentences.
(3)In determining whether there are substantial and compelling circumstances under subsection (2)(e), the court must have regard to—
(aa)the Parliament's intention that a sentence of imprisonment should ordinarily be imposed and that a non-parole period of not less than 10 years should ordinarily be fixed for an offence of manslaughter in circumstances in which section 9B(2) or 9C(2) applies; and
(a)the Parliament's intention that a sentence of imprisonment should ordinarily be imposed for an offence covered by section 10(1) or, subject to section 10AA(2), for an offence covered by section 10AA(1) and that a non-parole period of not less than the length specified in section 10(1) or 10AA(1) (as the case requires) should ordinarily be fixed in respect of that sentence; and
(ab)the Parliament's intention that a sentence of imprisonment of not less than 6 months should ordinarily be imposed for an offence covered by section 10AA(4); and
(ac)the Parliament's intention that a sentence of imprisonment of not less than 12 months should ordinarily be imposed for an offence covered by section 10AB; and
(ad)the Parliament's intention that a sentence of imprisonment should ordinarily be imposed and that a non-parole period of not less than 3 years should ordinarily be fixed for an offence covered by section 10AC; and
(ae)the Parliament's intention that a sentence of imprisonment should ordinarily be imposed and that a non-parole period of not less than 3 years should ordinarily be fixed for an offence covered by section 10AD; and
(af)the Parliament's intention that a sentence of imprisonment should ordinarily be imposed and that a non-parole period of not less than 2 years should ordinarily be fixed for an offence covered by section 10AE; and
(b)whether the cumulative impact of the circumstances of the case would justify a departure from that sentence and, where relevant, minimum non-parole period.
(4)If a court makes a finding under subsection (2), it must—
(a)state in writing the special reason; and
(b)cause that reason to be entered in the records of the court.
(5)The failure of a court to comply with subsection