South Australian Consolidated Acts South Australian Consolidated Acts20C—Declaration that youth is recidivist young offender
(1) A youth is liable
to be declared a recidivist young offender if the following conditions apply:
(a) the
youth—
(i)
has committed on at least 3 separate occasions an offence
to which this Division applies (whether or not the same offence on each
occasion); and
(ii)
has been convicted of those offences; or
(b) the
youth—
(i)
has committed on at least 2 separate occasions a
serious sexual offence against a person or persons under the age of 14 years
(whether or not the same offence on each occasion); and
(ii)
has been convicted of those offences.
(2) If a court
convicts a youth of a serious offence, and the youth is liable, or becomes
liable as a result of the conviction, to a declaration that he or she is a
recidivist young offender, the court—
(a) must
consider whether to make such a declaration; and
(b) if
of the opinion that the youth's history of offending warrants a particularly
severe sentence in order to protect the community—should make such a
declaration.
(3) If a court
convicts a youth of a serious offence, and the youth is declared (or has
previously been declared) to be a recidivist young offender—
(a)
the court is not bound to ensure that the sentence it imposes for the offence
is proportional to the offence (but, in the case of the Youth Court, the
limitations relating to a sentence of detention under section 23 of the
Young Offenders Act 1993 apply to the sentence that may be imposed by the
Youth Court on the recidivist young offender); and
(b) any
non-parole period fixed in relation to the sentence must be at least
four-fifths the length of the sentence.