Where a South Australian penalty provision prescribes a fine 'or' imprisonment without the words 'or both', the penalties can only be imposed in the alternative, not cumulatively. This is supported by the contrast with other SA penal provisions that expressly provide for 'or both' and by the structure of s 18 of the Criminal Law (Sentencing) Act 1988 (SA). The decision also confirms that the test for reasonable suspicion under s 68 of the Summary Offences Act 1953 (SA) requires the court to put itself in the position of the officer with the officer's knowledge and ask whether the suspicion was reasonably held.
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