Section 202BA — Crimes Act 1961: Sentencing for second crime against section 202A(4)

202BA Sentencing for second crime against section 202A(4) Where— (a) Any person is convicted of a crime against paragraph (a) or paragraph (b) of section 202A(4) of this Act; and (b) That person has previously been convicted on at least 1 occasion within the preceding 2 years of a crime against either of those paragraphs,— the Court shall impose a sentence of imprisonment (within the meaning of section 4(1) of the Sentencing Act 2002 ) on the offender unless the Court is satisfied that, because of the special circumstances of the offence or of the offender, the offender should not be so sentenced. Section 202BA was inserted, as from 1 August 1987, by section 3 Crimes Amendment Act (No 2) 1987 (1987 No 167). Section 202BA was amended, as from 30 June 2002, by section 186 Sentencing Act 2002 (2002 No 9), by substituting the words “ a sentence of imprisonment (within the meaning of section 4(1) of the Sentencing Act 2002) ” for the words “ a full-time custodial sentence (within the meaning of the Criminal Justice Act 1985) ” . See sections 148 to 160 Sentencing Act 2002 (2002 No 9) for the savings and transitional provisions. See clause 2 Sentencing Act Commencement Order 2002 (SR 2002/176).