South Australian Current Acts South Australian Current Acts44—Matters to be considered when court fixes penalty
(1) In determining the
penalty to be imposed on a person convicted of an indictable or minor
indictable offence against this Act, the court must take into
consideration—
(a)
subject to subsection (2), the nature of the substance or goods involved
in the commission of the offence; and
(b) the
quantity of the substance or goods involved in the commission of the offence;
and
(c) the
personal circumstances of the convicted person (being a natural person),
including the circumstances relating to the person's use (if at all) of any
controlled drug; and
(d) in
the case of an offence against Part 5 Division 2 or 3—
(i)
the commercial or other motives of the convicted person
in committing the offence; and
(ii)
the financial gain that is likely to have accrued to the
convicted person as a result of the commission of the offence (but this is not
to be taken into consideration if that financial gain is the subject of an
application under the Criminal Assets Confiscation Act 2005 ); and
(daa) in
the case of an offence against section 33—whether a child was
present at any stage when the offence occurred; and
(da) in
the case of an offence against section 33F, 33H or 33I—whether the
offence occurred within a school zone or at or near any prescribed place; and
(e) any
other relevant factor.
(2) In determining the
penalty to be imposed in respect of a summary or indictable offence against
Part 5 involving a controlled drug (other than cannabis, cannabis resin or
cannabis oil), the degree of physical or other harm generally associated with
the consumption of that particular type of controlled drug, as compared with
other types of controlled drugs, is not a relevant consideration and the court
must determine the penalty on the basis that controlled drugs are all
categorised equally as very harmful.
(3) If a person is
convicted by a court of an indictable offence against this Act and an offence
against section 32 of the Criminal Law Consolidation Act 1935
constituted of having the custody or control of a firearm or imitation firearm
for the purpose of—
(a)
using, or causing or permitting another person to use, the firearm in the
course of committing the indictable offence against this Act; or
(b)
carrying, or causing or permitting another person to carry, the firearm when
committing the indictable offence against this Act,
the court must make any sentences of imprisonment imposed for the
2 offences cumulative unless the court is satisfied that special reasons
exist for not doing so.