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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Criminal Law (Sentencing) (Suspended Sentences) Amendment
Bill 2013
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 38—Suspension of
imprisonment on entering into bond
Schedule 1—Transitional
provision
1Transitional provision
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Criminal Law (Sentencing) (Suspended
Sentences) Amendment Act 2013.
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 38—Suspension of imprisonment on entering into
bond
(1) Section 38(1)—delete "Where a court has imposed a sentence
of imprisonment upon" and substitute:
Subject to this section, if a court has imposed a sentence of imprisonment
on
(2) Section 38(2b)—delete subsection (2b) and substitute:
(2b) The court may
not suspend a sentence of imprisonment under this section in either of the
following cases:
(a) the defendant
is being sentenced as an adult for a serious and organised crime
offence;
(b) the defendant
is being sentenced as an adult for a designated offence and, during the
3 year period immediately preceding the date on which the relevant offence
was committed, a court has suspended a sentence of imprisonment or period of
detention imposed on the defendant for a designated offence.
(2ba) Despite
subsection (2b),
the court may, if satisfied that exceptional circumstances exist for doing
so—
(a) suspend a sentence of imprisonment imposed on a defendant for a
serious and organised crime offence, or for a designated offence in the
circumstances described in
subsection (2b)(b),
on condition that the defendant enter into a bond of a kind described in
subsection (1); or
(b) make an order under subsection (2a) in respect of a defendant being
sentenced for a serious and organised crime offence, or for a designated offence
in the circumstances described in
subsection (2b)(b),
if the period of imprisonment to which the defendant is liable under 1 or
more sentences is more than 3 months but less than 1 year.
(3) Section 38—after subsection (3) insert:
(4) In this section—
designated offence means any of the following offences under
the
Criminal
Law Consolidation Act 1935:
(a) an offence under
section 12, 12A, 13 or 13A;
(b) an offence under section 19;
(c) an offence under section 19AA;
(d) an offence under section 19A;
(e) an offence under section 23 or 24;
(f) an offence under section 29A;
(g) an offence under section 39;
(h) an offence under section 48, 48A, 49, 50, 56, 58 or 59;
(i) an offence under
section 137;
(j) an offence under section 270B if the offence against the person
to which that section applies is a relevant offence referred to in a preceding
paragraph;
serious and organised crime offence means—
(a) any of the following offences under the Criminal
Law Consolidation Act 1935:
(i) an offence under section 83E;
(ii) an aggravated offence under section 172 or 251, where the
aggravating circumstances of the offence are the circumstances referred to in
section 5AA(1)(ga)(i) or (ii) of that Act;
(iii) an offence under section 244 or 245; or
(b) any of the following offences under the Controlled
Substances Act 1984:
(i) an offence under section 32(1);
(ii) an aggravated offence under section 32(2), 32(2a) or 32(3);
(iii) an offence under section 33(1);
(iv) an aggravated offence under section 33(2) or 33(3);
(v) an aggravated offence under section 33A(1), 33A(2), 33A(3), 33A(4) or
33A(5).
Schedule 1—Transitional
provision
The amendments made by this Act to the Criminal
Law (Sentencing) Act 1988 apply in relation to the sentencing of a
person following the commencement of this Act in relation to an offence
committed on or after that commencement.