Document ID: chunk:federal_register_of_legislation:F2023C00203:clause:1_297ah
Version: federal_register_of_legislation:F2023C00203
Segment Type: clause
Provision Reference: sch 1 cl 297AH
Character Range: 512672–513496

297AH  Subsection 43(1)
Omit all the words after "home detention order", substitute:
  if:
 (a) none of the offences for which the offender is being sentenced is a sexual offence; and
 (b) if any of the offences for which the offender is being sentenced is a violent offence or an offence committed under paragraph 87(2)(aa) (choking, suffocating or strangling another person) of the Criminal Code 2007—the offence was not committed against a person with whom the offender would likely reside under the order; and
 (c) in any case—the court is satisfied:
 (i) that the offender is unlikely to commit a sexual offence or a violent offence while the order would be in force (whether or not the offender has previously committed offences of that nature); and
 (ii) that it is desirable in the circumstances to make the order.