South Australian Numbered Acts

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SENTENCING ACT 2017 (NO 26 OF 2017) - SECT 34

34—Ancillary orders relating to offences taken into account

        (1)         If a court takes a further offence into account under this Subdivision, the court may make such ancillary orders as it could have made had it convicted the offender of the offence when it took the offence into account, but may not impose a separate penalty for the offence.

        (2)         A defendant with respect to whom an ancillary order is made has the same rights of appeal as the defendant would have had if the order had been made on the conviction of the defendant for the further offence.

        (3)         An ancillary order for an offence taken into account lapses, by force of this subsection, if the defendant’s conviction for the principal offence is quashed or set aside.

        (4)         In this section—

"ancillary order" means an order or direction with respect to restitution, compensation, costs, forfeiture, destruction, disqualification or loss or suspension of a licence or privilege.



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