South Australian Current Acts South Australian Current Acts48—Mandatory minimum non-parole periods and proportionality
(2) In fixing a
non-parole period in respect of an offence for which a mandatory minimum
non-parole period is prescribed, the court may—
(a) if
satisfied that a non-parole period that is longer than the prescribed period
is warranted because of any objective or subjective factors affecting the
relative seriousness of the offence, fix such longer non-parole period as it
thinks fit; or
(b) in
the circumstances (if any) prescribed by the regulations for the purposes of
this paragraph, or otherwise in exceptional circumstances, fix a non-parole
period that is shorter than the prescribed period.
(3) Without limiting
subsection (2)(b), exceptional circumstances may include the following:
(a) the
offence was committed in circumstances in which the victim's conduct or
condition substantially mitigated the offender's conduct;
(ab) the
offence was committed in circumstances of family violence (being circumstances
in which the offender, or a member of the offender's family, was a victim of
family violence committed by the victim of the offence);
(b) if
the offender pleaded guilty to the charge of the offence—that fact and
the circumstances surrounding the plea;
(c) the
degree to which the offender has cooperated in the investigation or
prosecution of that or any other offence and the circumstances surrounding,
and likely consequences of, any such cooperation.
(3a) In deciding
whether exceptional circumstances exist for the purposes of
subsection (2)(b) in relation to an offence committed in circumstances
of family violence, the court must have regard to any evidence of family
violence admitted in the course of the trial for the relevant offence or
otherwise before the court.
(4) This section
applies whether a mandatory minimum non-parole period is prescribed under this
Act or some other Act.
(5) In this
section—
"circumstances of family violence" has the same meaning as in section 34V
of the Evidence Act 1929 ;
"evidence of family violence" has the same meaning as in
section 34W of the Evidence Act 1929 .