South Australian Current Acts South Australian Current Acts55—Declaration that youth is recidivist young offender
(1) A youth is liable
to be declared a recidivist young offender if the youth has been convicted
of—
(a) at
least 3 serious offences committed on separate occasions (whether or not
the same offence on each occasion); or
(b) at
least 2 serious sexual offences committed on separate occasions (whether
or not the same offence on each occasion).
(2) If a court
convicts a youth of a serious offence, and the youth is liable, or becomes
liable as a result of the conviction, to a declaration that the youth is a
recidivist young offender, the court—
(a) must
consider whether to make such a declaration; and
(b) if
of the opinion that the youth's history of offending warrants a particularly
severe sentence in order to protect the community—should make such a
declaration.
(3) If a court
convicts a youth of a serious offence, and the youth is declared (or has
previously been declared) to be a recidivist young offender—
(a) the
court is not bound to ensure that the sentence it imposes for the offence is
proportional to the offence (but, in the case of the Youth Court, the
limitations relating to a sentence of detention under section 23 of the
Young Offenders Act 1993 apply to the sentence that may be imposed by the
Youth Court on the recidivist young offender); and
(b) any
non-parole period fixed in relation to the sentence must be at least
four-fifths the length of the sentence.