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Woman may be released from jail for birth

AAP logoAAP 29/07/2016

A mother jailed for drug offences in South Australia is to be re-sentenced, raising hope she could be freed in time for the birth of her second child.

Soroyah Louise Constant faced the prospect of having her child removed from her almost immediately after the birth in October.

South Australia is the only state that does not have facilities to allow newborns or young children to stay with their mothers while they serve jail time.

But the Court of Criminal Appeal on Friday reduced an earlier jail term and set aside Constant's most recent sentence, ordering it be reconsidered next month.

In that process the court will take new evidence on what impact her continued jailing would have, not only on the girl she is about to have, but also on her 20-month-old daughter.

Outside the court, defence counsel Heather Stokes said she did not want to discuss the details of what might be further put to the court by both herself and the prosecution.

"Naturally the prosecution will argue she should spend more time in jail still, whatever that may be," Ms Stokes said.

"We're going to say enough is enough.

"If we're successful, she will be out for the birth of her baby."

Constant, 31, was sentenced in April to at least 18 months jail for breaching a previous bond and for six counts of importing a precursor drug.

Her imprisonment meant she would be forced to relinquish her newborn baby as little as 24 hours after the birth and would also be limited to just two hours' contact a week with her older child.

The case will return to court on August 15.

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