Sentencing has been delayed for the case of Former Kiama MP Gareth Ward.
The ABC reports the court was asked to consider whether Ward should be sentenced under current sentencing practices or those that applied at the time of the offences in 2013-2015.
“The legal question arises from section 21B of the Crimes (Sentencing Procedure) Act, which was amended to require courts to impose sentences for sexual offences according to current sentencing practices, rather than practices in place when the offences occurred,” the report states.
“Justice Shead explained the situation to the court and the many people watching via the video link.
“The Crown contends that provision [the amendment] has application, the offender argues it does not and the offender should be sentenced in accordance with the sentencing practices as at 2013-2015.
“She also raised questions about why Ward had not previously raised the issue.”
Ward was found guilty of four offences back in July, which included one count of sexual intercourse without consent and three counts of indecent assault.
He resigned from state parliament back in August just hours before a vote to expel him, and as a result a by-election was triggered for the electorate.
Sentencing has now been set for this Friday.
