The classification of an offence as summary under s 5 of the Criminal Procedure Act 1921 (SA) does not reduce the maximum penalty prescribed by the substantive offence-creating provision. Section 134(1) of the CLCA prescribes a maximum of 10 years for basic theft regardless of whether the offence is classified as summary, minor indictable, or major indictable. Sentencing on the basis of incorrect maximum penalties is a material error vitiating the sentencing discretion.
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