Document ID: chunk:federal_register_of_legislation:C2004A03935:body:0:p9
Version: federal_register_of_legislation:C2004A03935
Segment Type: other
Provision Reference: 
Character Range: 21353–23984

person has pleaded guilty to the charge in respect of the offence—that fact;

    (h) the degree to which the person has co-operated with law enforcement agencies in the investigation of the offence or of other offences;

(j) the deterrent effect that any sentence or order under consideration may have on the person;

(k) the need to ensure that the person is adequately punished for the offence;

(m) the character, antecedents, age, means and physical or mental condition of the person;

(n) the prospect of rehabilitation of the person;

    (p) the probable effect that any sentence or order under consideration would have on any of the person's family or dependants.

"(3) Without limiting the generality of subsections (1) and (2), in determining whether a sentence or order under subsection 19b (1), 20 (1) or 20ab (1) is the appropriate sentence or order to be passed or made in respect of a federal offence, the court must have regard to the nature and severity of the conditions that may be imposed on, or may apply to, the offender, under that sentence or order.

Court to have regard to other periods of imprisonment required to be served

"16b. In sentencing a person convicted of a federal offence, a court must have regard to:

    (a) any sentence already imposed on the person by the court or another court for any other federal offence or for any State or Territory offence, being a sentence that the person has not served; and

    (b) any sentence that the person is liable to serve because the revocation of a parole order made, or licence granted, under this Part or under a law of a State or Territory.

Fines

"16c. (1) Subject to subsection (2), before imposing a fine on a person for a federal offence, a court must take into account the financial circumstances of the person, in addition to any other matters that the court is required or permitted to take into account.

"(2) Nothing in subsection (1) prevents a court from imposing a fine on a person because the financial circumstances of the offender cannot be ascertained by the court.

No corporal punishment

"16d. (1) A court must not impose any form of corporal punishment for a federal offence.

"(2) A person serving a federal sentence must not be subjected to any form of corporal punishment.

"Division 3—Sentences of imprisonment

Commencement of sentences

"16e. (1) Subject to subsections (2) and (3), the law of a State or Territory relating to the commencement of sentences and of non-parole periods applies to a person who is sentenced in that State or Territory for a federal offence in the same way as it applies to a person who is