South Australian Consolidated Acts South Australian Consolidated Acts (1) The Full Court
may, if it thinks appropriate, establish or review sentencing guidelines in
the course of an appeal against sentence.
(2) However, if
sentencing guidelines are to be established or reviewed on the application of
the Attorney-General, the proceedings must be separate from other proceedings
in the Full Court.
(3) The Full Court may
inform itself in any way it thinks fit on any question affecting the
formulation or revision of sentencing guidelines and is not bound by the rules
of evidence.
(4) However, if
evidence relevant to the formulation or revision of sentencing guidelines is
considered by the Full Court in the course of appellate proceedings, that
evidence must not be used by the Court as a basis for increasing the sentence
imposed on the offender unless the evidence was before the court that imposed
the sentence in the first instance.