In cases of serious drug trafficking in South Australia, where the demands of general deterrence and punishment have precluded a suspended sentence, a home detention order under s 33BB of the Criminal Law (Sentencing) Act 1988 (SA) will ordinarily not meet the purposes of sentencing. The home detention regime must satisfactorily address the considerations that precluded suspension; if general deterrence was the major consideration, fashioning an effective home detention regime will be difficult. Cases at the very lower end of objective seriousness with strong rehabilitation prospects may be exceptions.
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