South Australian Current Acts

CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 5I

5I—Double criminality

        (1)         If—

            (a)         an offence against the law of another State (the "external offence ) is committed wholly or partly in this State; and

            (b)         a corresponding offence (the "local offence") exists under the law of this State,

an offence (an "auxiliary offence") arises under the law of this State.

        (2)         The maximum penalty for an auxiliary offence is the maximum penalty for the external offence or the maximum penalty for the local offence (whichever is the lesser).

        (3)         If a person is charged with an offence (but not specifically an auxiliary offence) and the court finds that the defendant has not committed the offence as charged but has committed the relevant auxiliary offence, the court may make or return a finding that the defendant is guilty of the auxiliary offence.