South Australian Consolidated Acts

CRIMINAL LAW (SENTENCING) ACT 1988 - SECT 20B

20B—Declaration that person is serious repeat offender

        (1)         A person is liable to be declared a serious repeat offender if the following conditions apply:

            (a)         the person—

                  (i)         has committed on at least 3 separate occasions an offence to which this section applies (whether or not the same offence on each occasion); and

                  (ii)         has been convicted of those offences; or

            (b)         the person—

                  (i)         has committed on at least 2 separate occasions a serious sexual offence against a person or persons under the age of 14 years (whether or not the same offence on each occasion); and

                  (ii)         has been convicted of those offences.

        (2)         An offence is one to which this section applies if—

            (a)         the offence is—

                  (i)         a serious offence; or

                  (ii)         an offence against the law of another State or Territory that would, if committed in this State, be a serious offence; or

                  (iii)         an offence against a law of the Commonwealth dealing with the unlawful importation of drugs into Australia; and

            (b)         either—

                  (i)         a sentence of imprisonment (other than a suspended sentence) has been imposed for the offence; or

                  (ii)         if a penalty is yet to be imposed—a sentence of imprisonment (other than a suspended sentence) is, in the circumstances, the appropriate penalty.

        (3)         If a court convicts a person of a serious offence, and the person is liable, or becomes liable as a result of the conviction, to a declaration that he or she is a serious repeat offender, the court—

            (a)         must consider whether to make such a declaration; and

            (b)         if of the opinion that the person's history of offending warrants a particularly severe sentence in order to protect the community—should make such a declaration.

        (4)         If a court convicts a person of a serious offence, and the person is declared (or has previously been declared) to be a serious repeat offender—

            (a)         the court is not bound to ensure that the sentence it imposes for the offence is proportional to the offence; and

            (b)         any non-parole period fixed in relation to the sentence must be at least four-fifths the length of the sentence.