Section 33BB of the Criminal Law (Sentencing) Act 1988 (SA) involves a two-stage process: first, whether the defendant is a 'suitable person' (focused on personal circumstances), and second, a broader discretionary assessment encompassing all sentencing considerations. For serious drug trafficking, the demands of general deterrence and punishment that preclude a suspended sentence will ordinarily also preclude a home detention order. A sentencing judge's failure to expressly address s 44(1)(d) matters (commercial motive and financial gain) does not constitute error where the commercially motivated nature of the offending is obvious from the circumstances.
The full text is available to signed-in members, including the 6 later cases that cite this judgment.
5 of the 6 citing cases carry a classified treatment. How each court treated it is available to signed-in members.