South Australian Consolidated Acts

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CRIMINAL LAW (SENTENCING) ACT 1988 - SECT 11

11—Imprisonment not to be imposed except in certain circumstances

        (1)         A sentence of imprisonment may only be imposed—

            (a)         if, in the opinion of the court

                  (i)         the defendant has shown a tendency to violence towards other persons; or

                  (ii)         the defendant is likely to commit a serious offence if allowed to go at large; or

                  (iii)         the defendant has previously been convicted of an offence punishable by imprisonment; or

                  (iv)         any other sentence would be inappropriate, having regard to the gravity or circumstances of the offence; or

            (b)         if a sentence of imprisonment is necessary to give proper effect to the policies of the criminal law stated in section 10.

        (2)         This section does not apply to a sentence of imprisonment imposed for the enforcement of sentence.



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