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Sentencing Reports

Pre-sentence Reports

Detailed information in relation to pre-sentence reports and relevant considerations prior to requesting such a report is contained in the Guilty Pleas chapter. A pre-sentence report will provide the Magistrate with information on the physical or mental condition of the defendant, the personal circumstances and the history of the defendant [see Sentencing Act 2017 (SA) s 17(1)].

Psychiatric reports

Detailed information in relation to psychiatric reports and relevant considerations prior to requesting such a report are contained in the Guilty Pleas chapter.

Anthropological Reports

Anthropological reports may assist a sentencing court assess the social, historical, cultural, socioeconomic and environmental factors relevant to a particular community with whom an Aboriginal defendant may identity. Anthropological reports are valuable in providing a sentencing court with evidence ‘explaining Aboriginal heritage’ and is considered ‘ objective evidence in support of those personal matters which are put forward as mitigating factors particular to the person being sentenced ’ [see R v Smith (2003) 86 SASR 132 at 140-41; [2003] SASC 263].

Sentencing Reports  :  Last Revised: Mon May 21st 2012