South Australian Current Acts South Australian Current Acts (a) a
defendant pleads guilty to a charge of a major indictable offence (other than
treason, murder, or an attempt or conspiracy to commit, or assault with intent
to commit, either of those offences); and
(b) the
prosecution and the defendant consent to the defendant being sentenced by the
Magistrates Court,
the Magistrates Court is to determine and impose sentence itself unless the
Court is of the opinion that the interests of justice require committal to a
superior court.
(2) Subject to this
section, the Magistrates Court may sentence a person for a minor or
major indictable offence in the same way as for a summary offence.
(3) In determining and
imposing sentence in relation to an indictable offence, the Magistrates Court
is to observe procedural rules specifically applicable to indictable offences.
(4) The rules may
provide that specified provisions of this Act or any other Act or law apply
with necessary adaptations and modifications to sentencing by the Magistrates
Court of a person charged with an indictable offence.
(5) Where the
Magistrates Court is to commit a defendant to a superior court for sentence,
the following principles govern the choice of forum:
(a) the
defendant should be committed for sentence in the Supreme Court if—
(i)
the offence is treason, murder, or an attempt or
conspiracy to commit, or assault with intent to commit, either of those
offences; or
(ii)
the gravity of the offences justifies, in the opinion of
the Magistrates Court, committal to the Supreme Court;
(b) in
any other case, the defendant should be committed to the District Court for
sentence.