South Australian Consolidated Acts South Australian Consolidated Acts9C—Sentencing of Aboriginal defendants
(1) Before sentencing
an Aboriginal defendant, the court may, with the defendant's consent, and with
the assistance of an Aboriginal Justice Officer—
(a)
convene a sentencing conference; and
(b) take
into consideration views expressed at the conference.
(2) A sentencing
conference must comprise—
(a) the
defendant and, if the defendant is a child, the defendant's parent or
guardian; and
(b) the
defendant's legal representative (if any); and
(c) the
prosecutor; and
(d) if
the victim chooses to be present at the conference—the victim, and, if
the victim so desires, a person of the victim's choice to provide assistance
and support; and
(e) if
the victim is a child—the victim's parent or guardian.
(3) A sentencing
conference may also include (if the court thinks the person may contribute
usefully to the sentencing process) one or more of the following:
(a) a
person regarded by the defendant, and accepted within the defendant's
Aboriginal community, as an Aboriginal elder;
(b) a
person accepted by the defendant's Aboriginal community as a person qualified
to provide cultural advice relevant to sentencing of the defendant;
(c) a
member of the defendant's family;
(d) a
person who has provided support or counselling to the defendant;
(e) any
other person.
(4) A person will be
taken to be an Aboriginal person for the purposes of this section if—
(a) the
person is descended from an Aboriginal or Torres Strait Islander; and
(b) the
person regards himself or herself as an Aboriginal or Torres Strait Islander
or, if the person is a young child, at least one of the parents regards the
child as an Aboriginal or Torres Strait Islander; and
(c) the
person is accepted as an Aboriginal or Torres Strait Islander by an Aboriginal
or Torres Strait Islander community.
(5) In this
section—
"Aboriginal Justice Officer" means a person employed by the South Australian
Courts Administration Authority whose duties include—
(a)
assisting the court in sentencing of Aboriginal persons by providing advice on
Aboriginal society and culture; and
(b)
assisting the court to convene sentencing conferences under this section; and
(c)
assisting Aboriginal persons to understand court procedures and sentencing
options and to comply with court orders;
"close personal relationship" means the relationship between 2 adult
persons (whether or not related by family and irrespective of their gender)
who live together as a couple on a genuine domestic basis, but does not
include—
(a) the
relationship between a legally married couple; or
(b) a
relationship where 1 of the persons provides the other with domestic support
or personal care (or both) for fee or reward, or on behalf of some other
person or an organisation of whatever kind;
Note—
Two persons may live together as a couple on a genuine domestic basis whether
or not a sexual relationship exists, or has ever existed, between them.
"domestic partner"—a person is the domestic partner of another if he or
she lives with the other in a close personal relationship;
"family" includes—
(a) the
defendant's spouse or domestic partner; and
(b) any
person to whom the defendant is related by blood; and
(c) any
person who is, or has been, a member of the defendant's household; and
(d) any
person held to be related to the defendant according to Aboriginal or Torres
Strait Islander kinship rules and observances;
"spouse"—a person is the spouse of another if they are legally married.