When a sentencing judge imposes a single sentence under s 18A of the Criminal Law (Sentencing) Act 1988 (SA), the reduction for time spent in custody must be reflected in either the single sentence or in the period of a suspended sentence carried into effect, not as an unattributed reduction to the total. The Report of Prisoner Tried should record only the single sentence imposed, not the indicated sentences or the totality reduction process. The sentencing range indicated in R v Delphin for serious criminal trespass is a guide only and may be exceeded where the offender has a lengthy record of similar offending.
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