Report on Mandatory Sentences - Law Reform Commission

of age. 355 Second, the following offences attract a minimum sentence of six months’ imprisonment: (i)
possession of child pornography; 356 (ii) accessing child pornography; 357 (iii) parent or guardian procuring
sexual activity with a child aged 16 or 17 years; 358 (iv) householder permitting sexual activity with a child
under 16 years of age; 359 and (v) prostitution of a person under 18 years of age. 360
4.156 Third, the following offences attract a minimum one-year sentence of imprisonment: (i) sexual
interference with a child under 16 years of age; 361 (ii) invitation to sexual touching to a child under 16
years of age; 362 (iii) sexual exploitation of a child aged 16 or 17 years; 363 (iv) bestiality in the presence of
a child or inciting a child to commit bestiality; 364 (v) making child pornography; 365 (vi) distribution etc. of
child pornography; 366 (vii) parent or guardian procuring sexual activity with a child under 16 years of
age; 367 (viii) luring a child; 368 (ix) agreement or arrangement for the commission of a sexual offence
against a child; 369 and (x) sexual assault of a child under 16 years of age. 370
355
356
357
358
359
360
361
362
363
364
365
366
367
368
369
370
Section 173(2) of the Criminal Code. A minimum sentence of 90 days applies where the offender is convicted
on indictment. If convicted summarily, the offender will attract a minimum sentence of 30 days.
Section 163.1(4) of the Criminal Code. A minimum sentence of six months applies where the offender is
convicted on indictment. If convicted summarily, the offender will attract a minimum sentence of 90 days.
Section 163.1(4.1) of the Criminal Code. A minimum sentence of six months applies where the offender is
convicted on indictment. If convicted summarily, the offender will attract a minimum sentence of 90 days.
Section 170(b) of the Criminal Code.
Section 171(b) of the Criminal Code.
Section 212(4) of the Criminal Code.
Section 151 of the Criminal Code. A minimum sentence of one year applies where the offender is convicted on
indictment. If convicted summarily, the offender will attract a minimum sentence of 90 days.
Section 152 of the Criminal Code. A minimum sentence of one year applies where the offender is convicted
on indictment. If convicted summarily, the offender will attract a minimum sentence of 90 days.
Section 153(1) and Section 153(1.1) of the Criminal Code. A minimum sentence of one year applies where
the offender is convicted on indictment. If convicted summarily, such an offender will attract a minimum
sentence of 90 days.
Section 160(3) of the Criminal Code. A minimum sentence of one year applies where the offender is convicted
on indictment. If convicted summarily, such an offender will attract a minimum sentence of six months.
Section 163.1(2) of the Criminal Code. A minimum sentence of one year applies where the offender is
convicted on indictment. If convicted summarily, such an offender will attract a minimum sentence of six
months.
Section 163.1(3) of the Criminal Code. A minimum sentence of one year applies where the offender is
convicted on indictment. If convicted summarily, such an offender will attract a minimum sentence of six
months.
Section 170(a) of the Criminal Code.
Section 172.1(1) and Section 172.1(2) of the Criminal Code. A minimum sentence of one year applies where
the offender is convicted on indictment. If convicted summarily, such an offender will attract a minimum
sentence of 90 days.
Section 172.2(1) and Section 172.2(2) of the Criminal Code. A minimum sentence of one year applies where
the offender is convicted on indictment. If convicted summarily, the offender will attract a minimum sentence
of 90 days.
Section 271 of the Criminal Code. A minimum sentence of one year applies where the offender is convicted
on indictment. If convicted summarily, the offender will attract a minimum sentence of 90 days.
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