The effect of a custodial sentence on dependant children under s 10(n) of the Criminal Law (Sentencing) Act 1988 (SA) will have a significant effect on penalty where the effect in the particular case is out of the ordinary. No sentencing factor in s 10 must necessarily be given less weight than any other. For driving while disqualified, 'contumacious' conduct sufficient to warrant imprisonment requires deliberate driving by a person who knows of the disqualification, where the driving is more than momentary and is not ameliorated by emergency or duress. International instruments concerning the rights of children and the family, while not forming part of Australian law, should inform the construction and application of domestic sentencing provisions concerning the effect on dependants.
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