South Australian Current Acts

SENTENCING ACT 2017 - SECT 10

10—General principles of sentencing

        (1)         Subject to this Act or any other Act, in determining a sentence for an offence, a court must apply (although not to the exclusion of any other relevant principle) the common law concepts reflected in the following principles:

            (a)         proportionality;

            (b)         parity;

            (c)         totality;

            (d)         the rule that a defendant may not be sentenced on the basis of having committed an offence in respect of which the defendant was not convicted.

        (2)         Subject to this Act or any other Act, a court must not impose a sentence of imprisonment on a defendant unless the court decides that—

            (a)         the seriousness of the offence is such that the only penalty that can be justified is imprisonment; or

            (b)         it is required for the purpose of protecting the safety of the community (whether as individuals or in general).