South Australian Current Acts South Australian Current Acts (1) Subject to the
Criminal Procedure Act 1921 the Court has jurisdiction—
(a) to
conduct committal proceedings for a charge of an indictable offence;
(ab) to
determine and impose sentence on a defendant who admits 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);
(b) to
hear and determine a charge of a minor indictable offence;
(c) to
hear and determine a charge of a summary offence.
(2) The Court does
not, unless it is constituted of a Magistrate, have the power to impose a
sentence of imprisonment.
(3) If the Court,
constituted otherwise than by a Magistrate, is of the opinion that a sentence
of imprisonment should be imposed in any particular case, it may remand the
defendant to appear for sentence before the Court constituted of a Magistrate.
(4) The Court does not
have the power to impose—
(a) a
sentence of imprisonment that exceeds—
(i)
if the penalty is for 1 offence—5 years;
and
(ii)
if the penalty is for more than
1 offence—10 years; or
(i)
in the case of an offence under the
Work Health and Safety Act 2012 being heard by an industrial
magistrate—$300 000; or
(ii)
in any other case—$150 000.
(5) The limits imposed
by subsection (4)(b) apply regardless of whether the relevant offence was
committed before or after the commencement of that paragraph.
(6)
Subsection (4) applies whether the offence to which the sentence relates
is a summary offence or an indictable offence.
(7) If the Court is of
the opinion in any particular case that a sentence should be imposed that
exceeds the limits prescribed by subsection (4), the Court may remand the
defendant to appear for sentence before a superior court.