A court is not bound by the rules of evidence and may inform itself about matters relevant to the determination of sentence as it thinks fit [see Sentencing Act 2017 (SA) ss 12(a) and 12(b)].

In determining a sentence, the court must 'act according to equity, good conscience and the substantial merits of the case without regard to technicalities and legal forms' [see s 12(c)].

The sentencing court should sentence the defendant based upon the facts put forward by the defendant which are most favourable, so long as those facts are a reasonable possibility.

A defendant who is to be sentenced for an indictable offence must attend court for all proceedings relevant to the determination and imposition of the sentence [see Sentencing Act 2017 (SA) s 21(1)]. However, the defendant may be absent for part or all of the proceedings with the court's consent, or may appear via audio visual link or audio link if appropriate facilities exist for dealing with the proceedings that way [s 21(2)]. A defendant who is not in custody must consent to the use of an audio visual or audio link.

In addition, the defendant may be excluded by the court in the interests of safety or the orderly conduct of proceedings, in which case arrangements should be made for the defendant to see and hear the proceedings through audio visual link [see s 21(2)(c)].

The validity of a sentence is not affected by a sentence being passed in the absence of the defendant [see s 21(5)].