A home detention order is a suspended sentence for the purposes of s 20AAC(1)(b) of the Criminal Law (Sentencing) Act 1988 (SA), and therefore cannot be ordered for a serious firearms offender unless the exceptional circumstances test in s 20AAC(2) is satisfied. However, where a sentencing judge has erred in applying this complex statutory regime, the Court of Criminal Appeal may refuse the Crown permission to appeal following the Hallcroft approach rather than subject the offender to resentencing.
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