The Court resentenced the appellant after the Magistrate transposed the guilty plea discount percentages between two counts of driving whilst disqualified, applying 30% where 40% should have applied and vice versa. On resentence, the Court reduced the total sentence from nine months and six days to four months and 17 days imprisonment, adopting lower starting points than the Magistrate while applying the correct discounts. The Court declined to order home detention under s 71(2)(c) of the Sentencing Act 2017 (SA) because the appellant no longer had a suitable residence available, and declined to impose no further penalty despite time already served in custody, holding it important that the formal sentence record reflect the Court's assessment of the offending.
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