§ 303A — Presumptive minimum sentence

303A.—(1) This section applies where a presumptive minimum sentence is prescribed for an offence under any written law, which is denoted by the words “imprisonment for a presumptive minimum term of not less than” or words to the same or similar effect.[15/2019]

(2) The court must, unless subsection (3) applies, impose a sentence that is equal to or greater than the presumptive minimum sentence prescribed for that offence.[15/2019]

(3) Where the court is satisfied that by reason of exceptional circumstances it would be unjust to impose on a first‑time offender the presumptive minimum sentence prescribed for an offence the first‑time offender is convicted of, the court must impose a sentence of the same type of punishment but that is less than the presumptive minimum sentence prescribed for that offence.[15/2019]

(4) In any written law, unless the context requires otherwise, a reference to a mandatory minimum sentence of imprisonment shall include a reference to a presumptive minimum sentence mentioned in subsection (1).[15/2019]

(5) In this section, “first‑time offender”, in relation to an offence, means a person who does not fall within any of the following descriptions:(a)

a person who had previously been sentenced to a term of imprisonment for any offence, other than a term of imprisonment served by him or her in default of payment of a fine;

(b)

a person who had previously been sentenced to reformative training, corrective training or preventive detention, for any offence;

(c)

a person who had previously been detained or subject to police supervision under section 30 of the Criminal Law (Temporary Provisions) Act 1955;

(d)

a person who had previously been admitted to an approved institution under section 34 of the Misuse of Drugs Act 1973 or to an approved centre under section 17 of the Intoxicating Substances Act 1987. Explanation.—The circumstances must be so exceptional as to make it unjust to impose the presumptive minimum sentence for an offence and outweigh the public interests in punishing the offender with the presumptive minimum sentence. The mere presence of all or any of the following mitigating circumstances will not be sufficient to constitute “exceptional circumstances”:

(a)

the offender pleaded guilty to the offence;

(b)

the offender is a first‑time offender;

(c)

the offender is of previous good character.

[15/2019]

—(1) This section applies where a presumptive minimum sentence is prescribed for an offence under any written law, which is denoted by the words “imprisonment for a presumptive minimum term of not less than” or words to the same or similar effect.[15/2019]

(2) The court must, unless subsection (3) applies, impose a sentence that is equal to or greater than the presumptive minimum sentence prescribed for that offence.[15/2019]

(3) Where the court is satisfied that by reason of exceptional circumstances it would be unjust to impose on a first‑time offender the presumptive minimum sentence prescribed for an offence the first‑time offender is convicted of, the court must impose a sentence of the same type of punishment but that is less than the presumptive minimum sentence prescribed for that offence.[15/2019]

(4) In any written law, unless the context requires otherwise, a reference to a mandatory minimum sentence of imprisonment shall include a reference to a presumptive minimum sentence mentioned in subsection (1).[15/2019]

(5) In this section, “first‑time offender”, in relation to an offence, means a person who does not fall within any of the following descriptions:(a)

a person who had previously been sentenced to a term of imprisonment for any offence, other than a term of imprisonment served by him or her in default of payment of a fine;

(b)

a person who had previously been sentenced to reformative training, corrective training or preventive detention, for any offence;

(c)

a person who had previously been detained or subject to police supervision under section 30 of the Criminal Law (Temporary Provisions) Act 1955;

(d)

a person who had previously been admitted to an approved institution under section 34 of the Misuse of Drugs Act 1973 or to an approved centre under section 17 of the Intoxicating Substances Act 1987. Explanation.—The circumstances must be so exceptional as to make it unjust to impose the presumptive minimum sentence for an offence and outweigh the public interests in punishing the offender with the presumptive minimum sentence. The mere presence of all or any of the following mitigating circumstances will not be sufficient to constitute “exceptional circumstances”:

(a)

the offender pleaded guilty to the offence;

(b)

the offender is a first‑time offender;

(c)

the offender is of previous good character.

[15/2019]