Where a sentence is suspended under Division 3A of the Criminal Law (Sentencing) Act 1988 (SA) and served on home detention, the sentence of imprisonment does not commence and s 32(6) is not engaged, so credit for pre-sentence custody must be effected by reduction under s 30(2)(a) rather than backdating. An error in the original sentence infects a subsequent order revoking home detention that carries the original sentence into effect. The Court left open whether an order under s 33BD(1) is a 'sentence' for the purposes of s 348 CLCA and invited Parliament to clarify the appellate jurisdiction over such orders.
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