Version No. 231
Sentencing Act 1991
No. 49 of 1991
Version incorporating amendments as at
30 September 2025
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
1Purposes
2Commencement
3Definitions
4Application
Part 2—Governing principles
5Sentencing guidelines
5AACourt not to have regard to previous good character or lack of previous findings of guilt or convictions in certain circumstances
5AStandard sentence scheme
5BSentencing for a standard sentence offence
6Factors to be considered in determining offender's character
6AAASentence discount for guilty plea
Part 2AA—Guideline judgments
6AADefinition
6ABPower of Court of Appeal to give or review guideline judgments
6ABAGuideline judgments on application of Attorney‑General
6ACContent of guideline judgment
6ADProcedural requirements
6AEMatters to which Court of Appeal must have regard
6AFUse of evidence in giving or reviewing guideline judgment
6AGRelationship between guideline judgments and other sentencing matters
Part 2A—Serious offenders
6AApplication of Part
6BDefinitions for purposes of this Part
6CFactors relevant to consideration of whether offender is a serious offender
6DFactors relevant to length of prison sentence
6ESentences to be served cumulatively
6FSerious offender status to be noted on record
Part 2B—Continuing criminal enterprise offenders
6GApplication of Part
6HDefinitions for purposes of this Part
6IIncreased maximum penalty for CCE offences
6JCCE offender status to be noted on record
Part 3—Sentences
Division 1—General
7Sentences
8Conviction or non-conviction
Division 1A—Pre-sentence reports
8ACourt may order pre-sentence report
8BContents of pre-sentence report
8CDistribution of pre-sentence report
8DDisputed pre-sentence report
Division 1B—Drug and alcohol reports
8EDrug and alcohol assessment report
8FDistribution of drug and alcohol assessment report
8GDisputed drug and alcohol assessment report
8HDrug and alcohol pre-release report
8IApproved drug and alcohol assessment agencies
Division 1C—Victim impact statements
8JDefinitions
8KVictim may make victim impact statement
8LContents of victim impact statement
8MMedical report
8NDistribution of written statement
8OExamination of victim
8PWitnesses
8QReading aloud of victim impact statement
8RAlternative arrangements for reading aloud of victim impact statement
8SAlternative arrangements for examination
Division 2—Custodial orders
Subdivision (1)—Imprisonment
9Aggregate sentence of imprisonment
9ANotice of intention to seek statutory minimum sentence for manslaughter
9BCustodial sentence must be imposed for manslaughter in circumstances of gross violence
9CCustodial sentence must be imposed for manslaughter by single punch or strike
10Custodial sentence must be imposed for causing serious injury in circumstances of gross violence
10AACustodial sentence for certain offences against emergency workers, custodial officers and youth justice custodial workers on duty
10ABCustodial sentence for offence of contravening supervision order or interim supervision order under Serious Offenders Act 2018
10ACCustodial sentence must be imposed for offence of aggravated home invasion
10ADCustodial sentence must be imposed for offence of aggravated carjacking
10AECustodial sentence must be imposed for offences against sections 317AC and 317AD in certain circumstances
10ASpecial reasons relevant to imposing minimum non-parole periods
11Fixing of non-parole period by sentencing court
11AFixing of non-parole period for standard sentence offence
12References to non-parole period
13Fixing of non-parole period otherwise than by sentencing court
14Fixing of new non-parole period in respect of multiple sentences
15Order of service of sentences
16Sentences—whether concurrent or cumulative
16APerson may consent to imprisonment in respect of unpaid fines
17Commencement…