South Australian Consolidated Acts

CRIMINAL LAW (SENTENCING) ACT 1988 - SECT 32A

32A—Mandatory minimum non-parole periods and proportionality

        (1)         If a mandatory minimum non-parole period is prescribed in respect of an offence, the period prescribed represents the non-parole period for an offence at the lower end of the range of objective seriousness for offences to which the mandatory minimum non-parole period applies.

        (2)         In fixing a non-parole period in respect of an offence for which a mandatory minimum non-parole period is prescribed, the court may—

            (a)         if satisfied that a non-parole period that is longer than the prescribed period is warranted because of any objective or subjective factors affecting the relative seriousness of the offence, fix such longer non-parole period as it thinks fit; or

            (b)         if satisfied that special reasons exist for fixing a non-parole period that is shorter than the prescribed period, fix such shorter non-parole period as it thinks fit.

        (3)         In deciding whether special reasons exist for the purposes of subsection (2)(b), the court must have regard to the following matters and only those matters:

            (a)         the offence was committed in circumstances in which the victim's conduct or condition substantially mitigated the offender's conduct;

            (b)         if the offender pleaded guilty to the charge of the offence—that fact and the circumstances surrounding the plea;

            (c)         the degree to which the offender has co-operated in the investigation or prosecution of that or any other offence and the circumstances surrounding, and likely consequences of, any such co-operation.

        (4)         This section applies whether a mandatory minimum non-parole period is prescribed under this Act or some other Act.