Where a driver's licence is suspended under s 70E of the Criminal Law (Sentencing) Act 1988 (SA) for non-payment of fines, prosecution for driving while suspended must be brought under s 70E(5) of that Act and not under s 91 of the Motor Vehicles Act 1959 (SA). The maximum penalty under s 70E(5) is a $2,500 fine or licence disqualification/cancellation for up to 6 months — imprisonment is not available. Section 18A composite sentencing cannot be used where any count does not carry a penalty of imprisonment.
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