South Australian Consolidated Acts

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SERIOUS AND ORGANISED CRIME (CONTROL) ACT 2008 - SECT 42

42—Prosecution of offence as a summary offence

        (1)         An indictable offence against this Act may be charged on complaint and be prosecuted and dealt with by the Magistrates Court as a summary offence but, if the Court determines that a person found guilty of such an offence should be sentenced to a term of imprisonment exceeding 2 years, the Court must commit the person to the District Court for sentence.

        (2)         For the avoidance of doubt, a person who is convicted of an offence that has been prosecuted and dealt with as a summary offence in accordance with this section is, despite that fact, taken to have been convicted of an indictable offence for the purposes of any Act or law.



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