South Australian Consolidated Acts South Australian Consolidated Acts10—Matters to be considered by sentencing court
(1) A court, in
determining sentence for an offence, should have regard to such of the
following matters as are relevant and known to the court:
(a) the
circumstances of the offence;
(b)
other offences (if any) that are to be taken into account;
(c) if
the offence forms part of a course of conduct consisting of a series of
criminal acts of the same or a similar character—that course of conduct;
(d) the
personal circumstances of any victim of the offence;
(e) any
injury, loss or damage resulting from the offence;
(eaa)
the need to give proper effect to the policy stated in subsection (1b);
(ea) in
the case of an offence committed by an intruder in the home of
another—the need to give proper effect to the policy stated in
subsection (2);
(eb) in
the case of arson or causing a bushfire—the need to give proper effect
to the policy stated in subsection (3);
(ec) in
the case of a sexual offence committed against a child—the need to give
proper effect to the policy stated in subsection (4);
(ed) if
the offence was committed by an adult in circumstances where the offending
conduct was seen or heard by a child (other than the victim (if any) of the
offence or another offender)—those circumstances;
(f) the
degree to which the defendant has shown contrition for the offence—
(i)
by taking action to make reparation for any injury, loss
or damage resulting from the offence; or
(ii)
in any other manner;
(g) if
the defendant has pleaded guilty to the charge of the offence—that fact;
(h) the
degree to which the defendant has co-operated in the investigation of the
offence;
(j) the
deterrent effect any sentence under consideration may have on the defendant or
other persons;
(k) the
need to ensure that the defendant is adequately punished for the offence;
(ka) if
a forfeiture of property (other than a forfeiture that merely neutralises a
benefit that has been obtained through the commission of the offence) is, or
is to be imposed, as a result of the commission of the offence—the
nature and extent of the forfeiture;
(l) the
character, antecedents, age, means and physical or mental condition of the
defendant;
(m) the
rehabilitation of the defendant;
(n) the
probable effect any sentence under consideration would have on dependants of
the defendant;
(o) any
other relevant matter.
(1a) However, a court,
in determining sentence for an offence, must disregard any mandatory minimum
non-parole period prescribed in respect of the sentence under this Act or
another Act.
(1b) A primary policy
of the criminal law is to protect the safety of the community.
(2) A primary policy
of the criminal law is to protect the security of the lawful occupants of the
home from intruders.
(3) A primary policy
of the criminal law in relation to arson or causing a bushfire is—
(a) to
bring home to the offender the extreme gravity of the offence; and
(b) to
exact reparation from the offender, to the maximum extent possible under the
criminal justice system, for harm done to the community.
Examples—
1 The court may, with the consent of victims of
the offence or victims of the kind of harm that the offence could have caused,
require the offender (under appropriate supervision) to meet with the victims.
2 The court may direct that the offender (whether
in prison, on parole or undertaking community service) participate (under
appropriate supervision) in programs to rehabilitate fire damaged land or
other property.
(4) A primary policy
of the criminal law is to protect children from sexual predators by ensuring
that, in any sentence for an offence involving sexual exploitation of a child,
paramount consideration is given to the need for deterrence.
(4a) Despite any other
provision of this Act, in determining sentence for an offence a court must not
have regard to any consequences that may arise under the Child Sex Offenders
Registration Act 2006 .
(5) If a defendant has
participated in an intervention program, a court may treat the defendant's
participation in the program, and the defendant's achievements in the program,
as relevant to sentence.
(6) However, the fact
that a defendant—
(a) has
not participated in, or has not had the opportunity to participate in, an
intervention program; or
(b) has
performed badly in, or has failed to make satisfactory progress in, such a
program,
is not relevant to sentence.