South Australian Current Acts

CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 5A

5A—Abolition of capital punishment

        (1)         Notwithstanding any provision of any Act or law, no sentence of death shall be—

            (a)         imposed on, or recorded against, any person; or

            (b)         carried into execution on any person.

        (2)         Where any person is liable to sentence of death under any Act or law, the court before which that person is convicted shall, instead of sentencing him to death, sentence him to be imprisoned for life.

        (3)         Any sentence of death that was imposed or recorded before the commencement of the Statutes Amendment (Capital Punishment Abolition) Act 1976 shall (whether or not that sentence has been commuted to a sentence of imprisonment for life) be deemed to be a sentence of imprisonment for life imposed by a court of competent jurisdiction.

        (4)         Any direction or order made by the Governor on, or in relation to, the commutation of a sentence of death to a sentence of imprisonment for life shall be deemed to be a direction or order given or made by a court of competent jurisdiction.