Criminal Law (Sentencing) (Character Evidence) Amendment Act 2014 (SA)

South Australia

Criminal Law (Sentencing) (Character Evidence) Amendment Act 2014

An Act to amend the Criminal Law (Sentencing) Act 1988.

The Parliament of South Australia enacts as follows:

Part 1Preliminary1Short title

This Act may be cited as the Criminal Law (Sentencing) (Character Evidence) Amendment Act 2014.

2Commencement

This Act will come into operation on a day to be fixed by proclamation.

3Amendment provisions

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2Amendment of Criminal Law (Sentencing) Act 1988

4Amendment of section 10 – Sentencing considerations

Section 10(3)—after paragraph (b) insert:

1. (ba)

   the good character or lack of previous convictions of the defendant if—

   1. (i)

      the offence is a class 1 or class 2 offence within the meaning of the Child Sex Offenders Registration Act 2006; and

   2. (ii)

      the court is satisfied that the defendant's alleged good character or lack of previous convictions was of assistance to the defendant in the commission of the offence;

5Amendment of section 20AAC – Sentence of imprisonment not to be suspended

1. (1)

   Section 20AAC(2)(a)—delete "primary policy of the criminal law in respect of firearms offences as set out in section 10(3a)" and substitute:

   need for general and personal deterrence to be the paramount consideration in the sentencing (as set out in section 10(2)(e))

2. (2)

   Section 20AAC—after subsection (2) insert:

   1. (3)

      If subsection (2) applies, section 10(2)(e) is taken not to apply in relation to the sentencing.