A Victorian couple has been released from custody after spending five weeks in prison while awaiting sentencing for breaching South Australia's border rules in October.
Adam McArthur, 44, and Julia Bryant, 49, pleaded guilty to failing to comply with a direction after crossing the border illegally on October 15.
The pair appeared via video link in the Mount Gambier Magistrates Court on Tuesday.
The court heard McArthur and Bryant crossed the border at Wolseley on the Dukes Highway without appropriate permits and drove through the checkpoint without stopping.
Magistrate Koula Kossiavelos said the maximum penalty for border breaches was two months' jail, but the couple were entitled to a 40 per cent reduction because they had pleaded guilty.
She said the time they had already spent in custody was "more than sufficient" and released them immediately.
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The court heard Bryant had no former criminal convictions, and her lawyer, Jarrad Sim, said the time in prison had been detrimental to his client's mental health.
Mr Sim said "jail had been a far-from-pleasant experience for his client".
While sentencing the couple, Magistrate Kossiavelos said she would also take into account the fact that McArthur had voluntarily stopped the vehicle before police arrested them.
McArthur's lawyer said it was his first time entering South Australia and he was tired from the drive but stopped 100 metres down the road after realising he had failed to stop at the checkpoint.
The court heard he had also applied for a travel permit, but it had not been approved by South Australian Police by the time he crossed the border.
Magistrate Kossiavelos warned the couple of the potential impacts of illegal border crossings.
"Here in South Australia we have been safer than other places because our law enforcement agency has been very vigilant in making sure that our borders are safe."
