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Penalty Summaries

This chapter provides brief penalty summaries for easy reference to the maximum penalties for offences under the Summary Offences Act 1953 and the Criminal Law Consolidation Act 1935 and links to (subscription only) loose-leaf commentary.

Brief penalty summaries

Drug Offences

Traffic Offences

BRIEF PENALTY SUMMARY - SUMMARY OFFENCES ACT 1953 (SA) (as at October 2022)

Description of offence Section Maximum Penalty (Fine/Imprisonment)
Hinder/resist police 6(2) $2 500 / 6 months
Violent disorder 6A $10 000 / 2 years
Disorderly/offensive behaviour 7(1)(a) $1 250 / 3 months
Fight in public place 7(1)(b) $1 250 / 3 months
Offensive language in public place 7(1)(c) $1 250 / 3 months
Carry offensive weapon 21C(1) $2 500 / 6 months
Carry offensive weapon (in vicinity of licensed premises) 21C(3) $10 000 / 2 years
Manufacture/supply/possess a dangerous article 21C(2) $7 500 18 months

Unlawfully on premises (primary production premises)

17(a1)

Where the unlawful purpose is an offence punishable by a term of imprisonment of 2 years or more: 2 years

Any other case

Basic offence: $5 000 / 6 months

Aggravated offence: $10 000 / 12 months

Unlawfully on premises

17(1)

Where the unlawful purpose is an offence punishable by a term of imprisonment of 2 years or more: 2 years

Any other case: $2 500 / 6 months

Trespass on premises

17A(1)

On primary production premises: $5 000 / 6 months

In any other case: $2 500 / 6 months

Disturbance of farm animals 17C(1) $2 500 / 6 months
Unlawfully possess or transport liquor for sale 21OB(1)

First offence $20 000

Second or subsequent offence $40 000

Unlawfully possess or transport liquor for sale (other person) 21OB(2)

First offence: $20 000

Second or subsequent offence: $40 000

Commercial benefit from unlawful possession or transport liquor for sale 21OB(3)

First offence: $20 000

Second or subsequent offence: $40 000

Supply etc of liquor in certain areas 21OC(1)

First offence: $20 000

Second or subsequent offence: $40 000

Indecent language 22(1) $250
Indecent behaviour 23(1) $1 250 / 3 months
Grossly indecent behaviour [see Brief penalty summary below for s 58 gross indecency penalty] 23(2) $2 500 / 6 months
Urinate in public place 24 $250 / expiation fee $80
Humiliating or degrading filming 26B(1) 1 year

Distribute invasive image

- image of a person under 17 years

- any other case

26C

$20 000 / 4 years

$10 000 / 2 years

Pass valueless cheque 39 $10 000 / 2 years
Unlawful possession of goods suspected of being stolen 41

$10 000 / 2 years

Dog theft 47A $50 000 / 2 years
Throw missile 51

With intent to injure, annoy, frighten; or damage property : 2 years

Reckless: 1 year

False report to police 62 $10 000 / 2 years
Create false belief 62A $10 000 / 2 years
Remain in or re-enter declared public precinct after order to leave 66O

$1 250

BRIEF PENALTY SUMMARY - CRIMINAL LAW CONSOLIDATION ACT 1935 (SA) (as at June 2022)

Description of Offence Section Maximum Penalty

(Imprisonment/Mandatory Licence Disqualification**)
Aggravated offences 5AA
Murder 11 Imprisonment for life
Manslaughter 13 Imprisonment for life (and/or fine) and if use of motor vehicle in offence disqualification of licence for 10 years or longer**
Unlawful threat to kill or endanger 19(1) Basic offence: 10 years

Aggravated offence: 12 years
Unlawful threat to cause harm 19(2)

Basic offence: 5 years

Aggravated offence: 7 years

Aggravated offence-s 5AA(1)(c),(ca) or (ka): 8 years

Stalking 19AA Basic offence: 3 years

Aggravated offence: 5 years
Cause death by use of vehicle or vessel 19A(1) Basic offence (first offence): 15 years / disqualification 10 years or longer **

Aggravated or any subsequent offence: imprisonment for life / disqualification 10 years or longer **
Cause serious harm by use of vehicle or vessel 19A(3)(a) Basic offence (first offence): 15 years / disqualification 10 years or longer **

Aggravated or any subsequent offence: imprisonment for life / disqualification 10 years or longer **
Cause harm (not serious) by use of vehicle or vessel 19A(3)(b) Basic offence (first offence): 5 years / disqualification 1 year or longer **

Aggravated or any subsequent offence:

7 years / disqualification 3 years or longer**
Dangerous driving to escape police pursuit 19AC Basic offence: 3 years / disqualification 2 years or longer **

Aggravated offence: 5 years /disqualification 2 years or longer **
Driving at Extreme Speed 19ADA

Basic offence: 3 years/ disqualification 2 years or more (1st offence); disqualification 5 years or more (subsequent offence)

Aggravated offence: 5 years/disqualification 5 years or more (1st offence); disqualification 5 years or more (subsequent offence)

Common Assault 20(3)

Basic offence: 2 years

Aggravated offence: 3 years

Aggravated by use of an offensive weapon: 4 years

Aggravated by the circumstances in ss 5AA(1)(c), (ca) or (ka): 5 years

Assault causing harm 20(4)

Basic offence: 3 years

Aggravated offence: 4 years

Aggravated by use of an offensive weapon: 5 years

Aggravated by the circumstances in ss 5AA(1)(c), (ca) or (ka): 7 years

Cause harm, or assault prescribed emergency workers 20AA

Intent to cause harm: 15 years

Recklessly cause harm: 10 years

Assault: 5 years

Hinder/resist police officer and cause harm: 10 years

Commit prohibited act involving human biological material 20AB(1)

If causes harm: 3 years

In any other case: 2 years

Choking, suffocation or strangulation (domestic setting) 20A 7 years
Intending to causing serious harm 23(1)

Basic offence: 20 years

Aggravated offence: 25 years

(If harm caused so serious to warrant - on application by DPP penalty can be higher)

Recklessly causing serious harm 23(3) Basic offence: 15 years

Aggravated offence: 19 years
Intending to cause harm 24(1) Basic offence: 10 years

Aggravated offence: 13 years
Recklessly cause harm 24(2)

Basic offence: 5 years

Aggravated offence: 7 years

Aggravated offence by circumstances in ss 5AA(1)(c)(ca) or (ka): 8 years

Endanger life 29(1) Basic offence: 15 years / disqualification 5 years or more where motor vehicle involved**

Aggravated offence: 18 years / disqualification 5 years or more where motor vehicle involved**
Act likely to cause serious harm 29(2) Basic offence: 10 years / disqualification 5 years or more where motor vehicle involved**

Aggravated offence: 12 years / disqualification 5 years or more where motor vehicle involved**
Act likely to cause harm 29(3)

Basic offence: 5 years / disqualification 5 years or more where motor vehicle involved**

Aggravated offence: 7 years / disqualification 5 years or more where motor vehicle involved**

Aggravated offence by circumstances in ss 5AA(1)(c)(ca) or (ka): 8 years/ disqualification 5 years or more where motor vehicle involved**

Possession of firearm with intent to commit an offence 32 10 years
Rape 48 Imprisonment for life
Unlawful sexual intercourse (victim under 14 years of age) 49(1) Imprisonment for life
Unlawful sexual intercourse (victim over 14 years old and under 17 years) 49(3) 15 years
Unlawful sexual intercourse (position of authority, victim under 18 years old) 49(5) 10 years
Unlawful sexual intercourse (victim has intellectual disability, unable to understand nature or consequences) 49(6) 10 years
Sexual abuse of child (under 17 years, or under 18 years if in position of authority) 50(1) Imprisonment for life
Sexual exploitation of person with cognitive impairment (by undue influence) 51(1) 10 years
Sexual exploitation of person with cognitive impairment (indecent manner without consent) 51(2)

First offence: 3 years

Subsequent offence: 5 years

Indecent assault 56

Basic offence: 8 years

Aggravated offence: 10 years

Victim under 17 years: 10 years

Victim under 14 years: 15 years

Act of gross indecency [see Brief penalty summary above for s 23(2) grossly indecent behaviour penalty] 58 15 years
Produce or disseminate child pornography 63 15 years
Produce or disseminate child-like sex dolls 63AA 15 years
Possess child pornography 63A 12 years
Possession of child-like sex dolls 63AAB 15 years
Host/Administer/Encourage Use/Provide information to avoid apprehension of an offence- child exploitation material website 63AB 10 years
Procure child to commit indecent act (under 17 years, or under 18 years if in position of authority) 63B

Basic offence: 12 years

Aggravated offence: 15 years

Failure to report suspected child sexual abuse (without reasonable excuse) 64A 3 years
Failure to protect child from sexual abuse 65 15 years
Property damage of building or motor vehicle by fire (arson) or explosives 85(1) Imprisonment for life
Property damage of building or motor vehicle 85(2) 10 years
Property damage 85(3) 10 years
Threaten to damage property 85(4) Basic offence: 5 years

Aggravated offence: 7 years

Aggravated by threat to commit arson: 15 years
Intend/recklessly cause bushfire 85B Imprisonment for life
Possess object with intent to damage property 86 2 years
Illegal use/interference motor vehicle 86A First offence: 2 years / disqualification 12 months**

Subsequent offence: not less than 3 months with maximum of 4 years / disqualification 12 months**
Theft (and receiving) 134 Basic offence: 10 years

Aggravated offence: 15 years
Robbery 137 Basic offence: 15 years

Aggravated offence: imprisonment for life
Deception 139 Basic offence: 10 years

Aggravated offence: 15 years
Dishonest communication with children (under 17 years of age) 139A

5 years

Intent to commit an offence: 10 years

Making off without payment 144 2 years
Serious criminal trespass non residential buildings 169 Basic offence: 10 years

Aggravated offence: 20 years
Serious criminal trespass residential buildings 170 Basic offence: 15 years

Aggravated offence: imprisonment for life
Criminal trespass –occupied residential building 170A Basic offence: 3 years

Aggravated offence: 5 years
Assist offender/impede investigation 241

Where the maximum penalty for the offence committed by the principal offender is life imprisonment: 10 years

Where the maximum penalty for the offence committed by the principal offender is 10 years: 7 years

Where the maximum penalty for the offence committed by the principal offender is between 7-10 years: 4 years

In any other case: 2 years or the maximum penalty for the offence committed by the principal offender, whichever is less

False or misleading information provided/entered into electronic court management system 241A $10 000
Assault with intent to commit an offence 270B 7 years or the maximum penalty for an attempt to commit the principal offence, whichever is the greater
Going equipped to commit dishonesty or property offence 270C

7 years if the maximum penalty for the intended offence is life imprisonment or imprisonment for 14 years or more

In any other case: 1/2 the maximum period of imprisonment fixed for the intended offence

Going equipped to commit an offence of dishonesty against the person 270D 7 years

Where previously convicted of the offence: 10 years

Drug Offences

A brief penalty summary for drug offences under the Controlled Substances Act 1984 [see Drug Offences chapter].

Traffic Offences

A brief penalty summary of traffic offences imposed in accordance with the Criminal Law Consolidation Act 1935, the Road Traffic Act 1961 and the Motor Vehicles Act 1959 [see Traffic Offences chapter].

Comprehensive penalty summaries

Other comprehensive penalty summaries are:

See section 54 of the Legislation Interpretation Act 2021 (SA) for standard scales for penalties and expiation fees and the Appendix of the Magistrates Court Act 1991 (SA) for divisional penalties and expiation fees.

For traffic offences, see the Expiable Offences and Fees Form PD320A on the SAPOL website for a comprehensive summary of traffic offences and penalties.

For prescribed camera offences, see the Expiable Offences and Fees Form PD320CAM on the SAPOL website for a comprehensive summary of prescribed camera offences and penalties.

Commentary

For commentary on summary offences and indictable offences see:

For commentary on summary offences see: