South Australian Consolidated Acts

CRIMINAL LAW (SENTENCING) ACT 1988 - SECT 20A

20A—Interpretation

        (1)         In this Division—

"home invasion" means a criminal trespass committed in a place of residence while a person is lawfully present in the place and the trespasser knows of the person's presence or is reckless about whether anyone is in the place;

"serious drug offence" means—

            (a)         an offence against Part 5 Division 2 or 3 of the Controlled Substances Act 1984 ; or

            (b)         a conspiracy to commit, or an attempt to commit, such an offence;

"serious offence" means—

            (a)         a serious drug offence; or

            (b)         one of the following offences:

                  (i)         an offence against the person under Part 3 of the Criminal Law Consolidation Act 1935 ;

                  (ii)         an offence of robbery or aggravated robbery;

                  (iii)         home invasion;

                  (iv)         an offence of damage to property by fire or explosives;

                  (v)         an offence of causing a bushfire;

                  (vi)         a conspiracy to commit, or an attempt to commit, an offence referred to in subparagraph (i), (ii), (iii), (iv) or (v) ¹ ; or

            (c)         an offence that is committed in circumstances in which the offender uses violence or a threat of violence for the purpose of committing the offence, in the course of committing the offence, or for the purpose of escaping from the scene of the offence;

"serious sexual offence" means—

            (a)         any of the following serious offences:

                  (i)         an offence against section 48, 48A, 49, 50, 56, 58, 59, 60, 63, 63B, 66, 67, 68 or 72 of the Criminal Law Consolidation Act 1935 ; or

                  (ii)         an attempt to commit or an assault with intent to commit any of those offences; or

            (b)         an offence against the law of another State or a Territory corresponding to an offence referred to in paragraph (a).

        (2)         However, this Division is to be read subject to the following qualifications:

            (a)         it does not apply to, or in relation to, an offence committed by a youth;

            (b)         an offence is not to be regarded as a serious offence unless the maximum penalty prescribed for the offence is, or includes, imprisonment for at least 5 years.

Note—

1         A person who acts as an accessary to the commission of an offence described in paragraph (b) is, by virtue of section 267 of the Criminal Law Consolidation Act 1935 , guilty of the principal offence and has, therefore, committed a serious offence.