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Fines

The Act creating the offence usually sets out whether a fine can be imposed and the maximum fine payable. If it does not a fine may still be imposed, as long as there is good reason to do so [Criminal Law (Sentencing) Act 1988 (SA) s 18].

The court is obliged to consider the defendant's means and ability to pay in fixing the amount of the fine, and should not order a fine which would cause hardship to any dependants [Criminal Law (Sentencing) Act 1988 (SA) s 13, and Fry v Bassett (1986) 44 SASR 90].

The court is not to fix the time or the manner for payment of a pecuniary sum [s 14A] [for those powers see Part 9 of the Criminal Law (Sentencing) Act 1988 (SA)].

The court also has the power to reduce a penalty below the minimum stated by the relevant Act where good reason exists to do so [Criminal Law (Sentencing) Act 1988 (SA) s 17]. Note however that this section does not allow the court to impose less than the mandatory minimum disqualification of licence, for example, in drink driving matters. See Alcohol, Drugs and Driving for more information.

Fines  :  Last Revised: Mon Jan 11th 2016
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