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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Criminal Law (Sentencing) (Character Evidence) Amendment
Bill 2014
A BILL FOR
An Act to amend the Criminal
Law (Sentencing) Act 1988.
Contents
Part 1—Preliminary
1Short
title
2Commencement
3Amendment
provisions
Part 2—Amendment of Criminal Law
(Sentencing) Act 1988
4Amendment of section 10—Sentencing
considerations
5Amendment of section 20AAC—Sentence of
imprisonment not to be suspended
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Criminal Law (Sentencing) (Character
Evidence) Amendment Act 2014.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Criminal Law (Sentencing)
Act 1988
4—Amendment
of section 10—Sentencing considerations
Section 10(3)—after paragraph (b) insert:
(ba) the good character or lack of previous convictions of the defendant
if—
(i) the offence is a class 1 or class 2 offence within the
meaning of the Child
Sex Offenders Registration Act 2006; and
(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;
5—Amendment
of section 20AAC—Sentence of imprisonment not to be
suspended
(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) Section 20AAC—after subsection (2) insert:
(3) If subsection (2) applies, section 10(2)(e) is taken not to
apply in relation to the sentencing.