Sentencing Act 2017 (SA)

South Australia

Sentencing Act 2017

An Act to make provision in relation to the sentencing of offenders in the criminal justice system; to repeal the Criminal Law (Sentencing) Act 1988; and for other purposes.

The Parliament of South Australia enacts as follows:

This Act may be cited as the Sentencing Act 2017.

The primary purpose for sentencing a defendant for an offence is to protect the safety of the community (whether as individuals or in general).

1. (1)

   The secondary purposes for sentencing a defendant for an offence are as follows:

   1. (a)

      to ensure that the defendant—

      1. (i)

         is punished for the offending behaviour; and

      2. (ii)

         is held accountable to the community for the offending behaviour;

   2. (b)

      to publicly denounce the offending behaviour;

   3. (c)

      to publicly recognise the harm done to the community and to any victim of the offending behaviour;

   4. (d)

      to deter the defendant and others in the community from committing offences;

   5. (da)

      to deter the defendant and others in the community from harming or assaulting prescribed emergency workers (within the meaning of section 20AA of the Criminal Law Consolidation Act 1935) acting in the course of official duties;

   6. (e)

      to promote the rehabilitation of the defendant.

2. (2)

   Nothing about the order in which the secondary purposes are listed in subsection (1) implies that any 1 of those secondary purposes is to be given greater weight than any other secondary purpose.

1. (1)

   In this Act, unless the contrary intention appears—

bond means an agreement (not being a bail agreement) entered into pursuant to the sentence of a court under which the defendant undertakes to the Crown to comply with the conditions of the agreement (see Part 4 Division 2);

CE means the chief executive of the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of the Correctional Services Act 1982;

close personal relationship means the relationship between 2 adult persons (whether or not related by family and irrespective of their sex or gender identity) who live together as a couple on a genuine domestic basis, but does not include—

1. (a)

   the relationship between a legally married couple; or

2. (b)

   a relationship where 1 of the persons provides the other with domestic support or personal care (or both) for fee or reward, or on behalf of some other person or an organisation of whatever kind;

Note—

Two persons may live together as a couple on a genuine domestic basis whether or not a sexual relationship exists, or has ever existed, between them.

cognitive impairment includes—

1. (a)

   a developmental disability (including, for example, an intellectual disability, Down syndrome, cerebral palsy or an autistic spectrum disorder); and

2. (b)

   an acquired disability as a result of illness or injury (including, for example, dementia, a traumatic brain injury or a neurological disorder);…