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 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 |
A brief penalty summary for drug offences under the Controlled Substances Act 1984 [see Drug Offences chapter].
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].
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.
For commentary on summary offences and indictable offences see:
For commentary on summary offences see:
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