Commonwealth Numbered Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

SUMMARY AUTHORITY RULES (SLI NO 196 OF 2008) - RULE 88

Punishment imposed or order made in dealing with reopened proceedings

         (1)   If the summary authority imposes:

                (a)    a less severe punishment (or combination of punishments); or

               (b)    a reparation order of a lesser amount than the original reparation order;

the summary authority is taken to have substituted the new punishment or order for the original punishment or order.

         (2)   For subparagraph 161 (4) (b) (ii) of the Act, a punishment imposed by the summary authority in dealing with reopened proceedings takes effect when the summary authority has:

                (a)    completed its dealing with the reopened proceedings; and

               (b)    notified the convicted person of the amended less severe punishment in accordance with rule 89.

         (3)   If the summary authority imposes:

                (a)    a less severe punishment (or combination of punishments); or

               (b)    a reparation order of a lesser amount than the original reparation order;

the summary authority may make any incidental order relating to the execution of the punishment or order so that injustice is not suffered by the convicted person.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback