South Australian Current Acts South Australian Current Acts (1) A person who has
suffered injury, loss or damage resulting from an indictable offence or a
prescribed summary offence committed by another may provide the sentencing
court with a written personal statement (a "victim impact statement ) about
the impact of that injury, loss or damage on the person and the person's
family.
(2) Before determining
sentence for the offence, the court may, if the person so requested when
providing the statement—
(a)
allow the person an opportunity to read the statement aloud to the court; or
(b)
cause the statement to be read aloud to the court; or
(c) give
consideration to the statement without the statement being read aloud to the
court.
(3) If the court
considers there is good reason to do so, it may, in order to assist a person
who wishes to read aloud a victim impact statement to the court—
(a)
allow an audio visual record or audio record of the person reading the
statement to be played to the court; or
(b)
exercise any other powers that it has with regard to a vulnerable witness.
(4) Subject to
subsection (5) (but despite any other provision of this Act), the court
must, if the person so requested when providing the statement, ensure
that—
(a) the
defendant; or
(b) if
the defendant is a body corporate, a director or some other representative of
the body corporate satisfactory to the court,
is present when the statement is read aloud to the court.
(5)
Subsection (4) does not apply if the court is satisfied that special
reasons exist which make it inappropriate for the defendant or other person to
be present, or that the presence of the defendant or other person may cause a
disturbance or a threat to public order and safety (however, in such a case,
the court must ensure that the defendant or other person is present by means
of an audio visual link or audio link, if such facilities are reasonably
available to the court, or that arrangements are otherwise made for an audio
visual record of the statement to be made and played to the defendant or other
person).
(6) The validity of a
sentence is not affected by non-compliance or insufficient compliance with
this section.
(7) In this
section—
"prescribed summary offence" means—
(a) a
summary offence that results in the death of a victim or a victim suffering
total incapacity; or
(b) a
summary offence (other than a summary offence of assault) that results in a
victim suffering serious harm;
"serious harm" means—
(a) harm
that endangers a person's life; or
(b) harm
that consists of loss of, or serious and protracted impairment of, a part of
the body or a physical or mental function; or
(c) harm
that consists of serious disfigurement;
"total incapacity"—a victim suffers total incapacity if the victim is
permanently physically or mentally incapable of independent function.