South Australian Current Acts South Australian Current Acts11—Individual sentencing factors
(1) In determining a
sentence for an offence, a court must take into account such of the factors as
are known to the court that relate to the following matters as may be
relevant:
(a) the
nature, circumstances and seriousness of the offence;
(b) the
personal circumstances and vulnerability of any victim of the offence whether
because of the victim's age, occupation, relationship to the defendant,
disability or otherwise;
(c) the
extent of any injury, emotional harm, loss or damage resulting from the
offence or any significant risk or danger created by the offence, including
any risk to national security;
(ca)
whether the offence was wholly or partly motivated by hatred for, or prejudice
against, a group of people to which the defendant believed the victim belonged
(including, without limiting this paragraph, people of a particular race,
religion, sex, sexual orientation, gender identity or age, or people having an
intersex variation or a particular disability);
(d) the
defendant's character, general background and offending history;
(e) the
likelihood of the defendant re-offending;
(f) the
defendant's age, and physical and mental condition (including any
cognitive impairment);
(g) the
extent of the defendant's remorse for the offence, having regard in particular
as to whether—
(i)
the defendant has provided evidence that the defendant
has accepted responsibility for the defendant's actions; and
(ii)
the defendant has acknowledged any injury, loss or damage
caused by the defendant's actions, or voluntarily made reparation for any such
injury, loss or damage, or both;
(h) the
defendant's prospects of rehabilitation.
(2) The matters
referred to in subsection (1) are in addition to any other matter the
court is required or permitted to take into account under this Act or any
other Act or law.
(3) The court must not
have regard to any of the factors in sentencing if it would be contrary to an
Act or law to do so (and the fact that any such factor is relevant and known
to the court does not require the court to increase or reduce the sentence for
the offence).
(4) A court must
determine the sentence for an offence without regard to—
(a) the
fact that this Act or another Act prescribes a mandatory minimum non-parole
period in respect of the offence; or
(b) any
consequences that may arise under the Child Sex Offenders Registration
Act 2006 ; or
(c) the
good character or lack of previous convictions of the defendant if—
(i)
the offence is a class 1 or class 2 offence within the
meaning of the Child Sex Offenders Registration Act 2006 ; and
(ii)
the court is satisfied that the defendant's alleged good
character or lack of previous convictions was of assistance to the defendant
in the commission of the offence.
(5) For the purposes
of subsection (1)(a), the court must only have regard to the matters
personal to the defendant that the court is satisfied are causally connected
with, or have materially contributed to, the commission of the offence,
including (for example) the defendant's motivation in committing the offence
and the degree to which the defendant participated in its commission.
(6) If a defendant has
participated in an intervention program, a court may treat the defendant's
participation in the program, and the defendant's achievements in the program,
as relevant to sentence.
(7) However, the fact
that a defendant—
(a) has
not participated in, or has not had the opportunity to participate in, an
intervention program; or
(b) has
performed badly in, or has failed to make satisfactory progress in, such a
program,
is not relevant to sentence.