50T.—(1) When a person commits an offence in breach of the basic condition of the person’s remission order made under Division 2 or 3, the court may, in addition to imposing any sentence on the person for that offence, impose an enhanced sentence for that offence as follows:
(a)
imprisonment for a term not exceeding the remaining duration of the remission order, as determined based on the date of the commission of the offence; or
(b)
imprisonment for any term or for life, if the duration of the remission order is for the person’s natural life.
[1/2014]
(2) If a person commits 2 or more offences in breach of the basic condition of the person’s remission order made under Division 2 or 3 —
(a)
the court may, in addition to imposing any sentence on the person for those offences, impose an enhanced sentence under subsection (1) for each of those offences; and
(b)
the aggregate length of all the enhanced sentences imposed under subsection (1) must not exceed the remaining duration of the remission order, as determined based on the date of the earliest offence committed.
[1/2014]
(3) In deciding whether to impose any enhanced sentence under subsection (1) or (2) with respect to any offence, and if so the length of the enhanced sentence, the court is to consider —
(a)
the gravity of the offence;
(b)
whether the offence is of a similar nature to the offence for which the person under a remission order was originally sentenced;
(c)
the length of time for which the person did not commit any offence after being released under that remission order; and
(d)
all other relevant circumstances.
[1/2014]
(4) For the purpose of this section, any extension of the duration of a remission order after the date of an offence committed in breach of its basic condition is to be disregarded in determining the remaining duration of a person’s remission order based on the date of that offence.
[1/2014]
(5) Despite any provision in any written law, a term of imprisonment imposed on any person as an enhanced sentence under this section must run consecutively to all other terms of imprisonment imposed on the person.
Illustration
A person is released under a remission order having effect from 1 June 2013 to 31 December 2013. On 15 July 2013 the remission order is extended for 7 days (i.e. to 7 January 2014) under section 50N(1) because the person failed to report at a prison after being recalled by the Commissioner. On 1 August 2013 the person commits offence A. On 30 September 2013 the remission order is extended for a further 10 days (i.e. to 17 January 2014) under section 50N(1). On 21 October 2013 the person commits offence B. The person is later sentenced to imprisonment for both offences A and B, rendering the person in breach of the basic condition of the person’s remission order on 1 August 2013 and again on 21 October 2013. The person’s enhanced sentence for offence A cannot exceed the length of the period from 1 August 2013 to 7 January 2014. The person’s enhanced sentence for offence B cannot exceed the length of the period from 21 October 2013 to 17 January 2014. The total length of the enhanced sentences for offences A and B cannot exceed the length of the period from 1 August 2013 to 7 January 2014.