Conditions imposed on an accused while on bail, including home detention under s 11(2)(a)(1a) of the Bail Act 1985 (SA), may be taken into account as a relevant sentencing factor but are not to be treated as equivalent to time served in custody. Where a false accusation has led to more stringent bail conditions than would otherwise have been imposed, that is a relevant mitigating factor in sentencing. Sentencing judges must make explicit the extent of the reduction given for an early plea of guilty.
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