South Australian Numbered Acts

CRIMINAL LAW (SENTENCING) (GUILTY PLEAS) AMENDMENT ACT 2012 (NO 49 OF 2012) - SECT 6

6—Substitution of section 10

Section 10—delete the section and substitute:

10—Sentencing considerations

        (1)         In determining the sentence for an offence, a court must have regard to such of the following factors and principles as may be relevant:

            (a)         the circumstances of the offence;

            (b)         other offences (if any) that are to be taken into account;

            (c)         if the offence forms part of a course of conduct consisting of a series of criminal acts of the same or a similar character—that course of conduct;

            (d)         the personal circumstances of any victim of the offence;

            (e)         any injury, loss or damage resulting from the offence;

            (f)         if the offence was committed by an adult in circumstances where the offending conduct was seen or heard by a child (other than the victim (if any) of the offence or another offender)—those circumstances;

            (g)         the degree to which the defendant has shown contrition for the offence (including by taking action to make reparation for any injury, loss or damage resulting from the offence);

            (h)         the degree to which the defendant has cooperated in the investigation of the offence;

                  (i)         the deterrent effect any sentence under consideration may have on the defendant or other persons;

            (j)         the need to ensure that the defendant is adequately punished for the offence;

            (k)         if a forfeiture of property (other than a forfeiture that merely neutralises a benefit that has been obtained through the commission of the offence) is, or is to be imposed, as a result of the commission of the offence—the nature and extent of the forfeiture;

            (l)         the character, antecedents, age, means and physical or mental condition of the defendant;

            (m)         the rehabilitation of the defendant;

            (n)         the probable effect any sentence under consideration would have on dependants of the defendant;

            (o)         any other relevant matter.

        (2)         In determining the sentence for an offence, a court must give proper effect to the following:

            (a)         the need to protect the safety of the community;

            (b)         the need to protect the security of the lawful occupants of their home from intruders;

            (c)         in the case of an offence involving the sexual exploitation of a child—the need to protect children by ensuring that paramount consideration is given to the need for general and personal deterrence;

            (d)         in the case of an offence involving arson or causing a bushfire—

                  (i)         the need to protect the community from offending of such extreme gravity by ensuring that paramount consideration is given to the need for general and personal deterrence; and

                  (ii)         the fact that the offender should, to the maximum extent possible, make reparation for the harm done to the community by his or her offending.

        (3)         In determining the sentence for an offence, a court must not have regard to any of the following:

            (a)         the fact that a mandatory minimum non-parole period is prescribed in respect of the sentence for the offence under this Act or another Act;

            (b)         any consequences that may arise under the Child Sex Offenders Registration Act 2006 ;

            (c)         the fact that the defendant—

                  (i)         has not participated in, or has not had the opportunity to participate in, an intervention program; or

                  (ii)         has performed badly in, or has failed to make satisfactory progress in, such a program.