South Australian Consolidated Acts

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YOUNG OFFENDERS ACT 1993 - SECT 29

29—Sentencing youth as an adult

        (1)         Subject to this Act, where a youth is committed to the Supreme Court or the District Court for trial, and is found guilty on trial in that court, or is committed to the Supreme Court or the District Court for sentence, that court, on sentencing the youth, may—

            (a)         deal with the youth as an adult; or

            (b)         make any order in relation to the youth that may be made by the Youth Court on sentencing a youth; or

            (c)         remand the youth to the Youth Court for sentencing.

        (2)         If a youth is found guilty by the Supreme Court or the District Court of an offence that is a lesser offence than the one on which the youth was committed for trial, the court cannot deal with the youth for that offence as if he or she were an adult unless—

            (a)         the offence is an indictable (but not minor indictable) offence; and

            (b)         the court is satisfied that, because of the gravity of the offence or the youth's history of offending, the youth should be dealt with as if he or she were an adult.

        (3)         If a youth is committed for trial or sentence in the Supreme Court or the District Court at his or her own request, the court cannot deal with the youth for the offence as if he of she were an adult unless the court is satisfied that, because of the gravity of the offence or the youth's history of offending, the youth should be dealt with as if he or she were an adult.

        (4)         A youth who is found guilty of murder must be sentenced to imprisonment for life.



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