South Australian Current Acts South Australian Current Acts51—Sentence of imprisonment not to be suspended
(1) Subject to
subsection (2), but despite any other provision of this Act or any other
Act or law, the following provisions apply in relation to the sentencing of a
person who is a serious firearm offender for a serious firearm offence
(including where the offence is the serious firearm offence that resulted in
the person being a serious firearm offender):
(a) if
the maximum penalty for the serious firearm offence includes a period of
imprisonment—a sentence of imprisonment must be imposed on the person;
(b) the
sentence of imprisonment cannot be suspended;
(c)
section 25 does not apply in respect of the sentencing of the person.
(2) A court sentencing
a person who is a serious firearm offender for a serious firearm offence may
declare that subsection (1)(b) does not apply to the person if the person
satisfies the court, by evidence given on oath, that—
(a) the
person's personal circumstances are so exceptional as to outweigh the
paramount consideration of protecting the safety of the community (whether as
individuals or in general) and personal and general deterrence; and
(b) it
is, in all the circumstances, appropriate to suspend the sentence.