In certain circumstances, a defendant may be deemed to be a serious repeat offender [see Sentencing Act 2017 (SA) s 53]. If a defendant is deemed to be a serious repeat offender, the court is not bound to ensure that the sentence it imposes is proportional to the offence, and the non-parole period it imposes must be at least four-fifths of the sentence [Sentencing Act 2017 (SA) ss 54(1)(a) and 54(1)(b)].

However, a sentencing court may declare that the serious repeat offender sentencing provisions above will not apply, if a defendant satisfies the court (by evidence given on oath):

[see 54(2)].

A defendant is deemed to be a serious repeat offender if they have been convicted of three serious offences on separate occasions [s 53(1)(a)].

A serious offence includes:

where a sentence of imprisonment (other than a wholly suspended sentence, or a sentence that consists only of a community based custodial sentence) has been imposed [s 52]. The Court of Appeal has held that offences resulting in sentences of detention, as opposed to terms of imprisonment, while a youth do not constitute a qualifying ‘serious offence’ when determining whether a defendant is a serious repeat offender [see R v Scott-Combe[2023] SASCA 37].

A defendant may also be deemed to be a serious repeat offender if they have committed two serious sexual offences on separate occasions [Sentencing Act 2017 (SA) s 53(1)(b)]. Serious sexual offences includes certain offences under Division 11 of the Criminal Law Consolidation Act 1935 (SA) where the victim was aged under 14 years at the time of the offence, and sexual exploitation of person with a cognitive impairment [s 52].