Tasmanian Numbered Acts

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JUSTICE AND RELATED LEGISLATION (MISCELLANEOUS AMENDMENTS) ACT 2004 (NO. 44 OF 2004) - SECT 26

Section 9 amended (Resentencing)
Section 9 of the Principal Act is amended by omitting subsection (4) and substituting the following subsections:
(4)  In resentencing an existing life prisoner under this Part –
(a) the court is not to take into account the applicant's conduct as a life prisoner under the original sentence; but
(b) the court may take into account the term of any other sentence of imprisonment that the applicant, since becoming a life prisoner, has been subject to.
(5)  If the court exercises its discretion under subsection (4)(b) , it may order that the sentence it imposes under subsection (1) is to commence at a date later than the date on which the original sentence was imposed.
(6)  Subsection (5) applies despite anything to the contrary in the Sentencing Act 1997 .


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