Section 18(a) of the Criminal Law (Sentencing) Act 1988 (SA) is available to impose a fine in lieu of imprisonment for the offence of aggravated driving without due care under s 45(2) of the Road Traffic Act 1961 (SA), notwithstanding the mandatory licence disqualification. The construction in Nattrass v Police [2008] SASC 267 should not be followed. Section 18A should not be used to impose a single penalty for offences attracting different sentencing regimes (fine-only versus imprisonment).
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