The transitional provision of the Criminal Law (Sentencing) (Guilty Pleas) Amending Act 2012 (SA) applies to the institution of the criminal prosecution, including committal proceedings, not merely proceedings in the court of trial. The filing of a replacement Information does not constitute the institution of new proceedings for the purpose of the transitional provision. This means that where an original Information was filed before 11 March 2013, the s 10C guilty plea discount regime does not apply even if a new Information is filed after that date. A head sentence of approximately seven years (before credit for time served) is within range for a single count of aggravated causing death by dangerous driving involving extreme speed, drugs and alcohol, and callous post-offence conduct.
The full text is available to signed-in members, including the 1 later case that cites this judgment.
1 of the 1 citing case carries a classified treatment. How each court treated it is available to signed-in members.