South Australian Current Acts

SENTENCING ACT 2017 - SECT 42

42—Re-sentencing for failure to cooperate in accordance with undertaking under section 37

        (1)         This section applies if—

            (a)         a person is currently serving a sentence of imprisonment for an offence or offences that was reduced by the sentencing court under section 37 (the "relevant sentence"); and

            (b)         the person has failed to cooperate with a law enforcement agency in accordance with the terms of an undertaking given by the person under that section.

        (2)         The DPP may, with the permission of the court that imposed the relevant sentence on the person, apply to the court to have the sentence quashed and a new sentence imposed, taking into account the person's failure to cooperate with the law enforcement agency in accordance with the terms of an undertaking given by the person under section 37.

        (3)         The DPP, the chief officer of the law enforcement agency and the person are parties to the proceedings on the application.

        (4)         Nothing in this section authorises a court to impose a new sentence that would exceed the sentence that would, but for the reduction given under section 37, have been imposed by the sentencing court under that section.