On the 2nd of November 2020, the Statutes Amendment (Sentencing) Act 2020 came into effect. This legislation modified the sentencing discounts available to defendants for summary, minor indictable and major indictable offences. Previously, criminal offenders who offered early, guilty pleas were entitled to receive discounts of up to 40%.

Discounted sentences for major indictable offences, such as manslaughter, causing death by dangerous driving and sexual offences are dependent on when the plea is offered.

• If the plea is offered within four weeks of the first appearance, the defendant is entitled to receive a sentence discount of up to 25% (previously 40%). 
• If the guilty plea is entered after these first four weeks, but on the day of or before the committal appearance, the defendant is entitled to receive a sentence discount of up to 15% (previously 30%). 
• If the guilty plea is offered between the committal appearance and the trial, the defendant is entitled to receive a sentence discount of up to 10% (previously 20%).
• If the guilty plea is offered between when the defendant has been committed to stand trial and immediately after the first arraignment date, the defendant is entitled to receive a sentence discount of up to 5% (previously 15%).
• If the guilty plea is offered after the arraignment date, but prior to the commencement of the trial, the defendant is entitled to a sentence discount of up to 5% (previously 10%). In these circumstances, the court must be satisfied there is a good reason to apply this discount.

The sentence discounts for summary and minor indictable offences, which are less serious, have also been reduced.

• The defendant is entitled to a sentence discount of 40% if the plea is offered within the first four weeks.
• The defendant is entitled to a sentence discount of 30% if the plea is offered after the first four weeks, but prior to four weeks before the trial.
• The defendant is entitled to a sentence discount of 30% if the plea is within the four weeks before the trial, but the defendant could not reasonably have offered a plea before then, due to circumstances out of their control.
• Otherwise, the defendant is entitled to a maximum sentence reduction of 10%.

These legislative changes continue to reward guilty pleas which are offered early, whilst ensuring that sentences reflect the gravity of crimes. The changes bring South Australia into line with other states, such as New South Wales, which has a maximum sentence discount of 25%.

The reforms highlight the importance of seeking legal advice as soon as you have been arrested or charged with an offence, as an early guilty plea could significantly reduce your sentence.

If you would like advice on a criminal law matter, please contact our office on 08 8223 3199 to speak with our criminal lawyers.