Delay between commission of an offence and sentence is not automatically a mitigating factor; it is mitigating only where it causes unfairness to the offender, principally in two categories: (1) delay after apprehension causing uncertainty or curtailment of liberty, and (2) demonstrated rehabilitation during the delay period. Where the delay in reporting was caused by the offender's own threats and violence against a child victim, fairness does not require mitigation. The burden of proving delay-based mitigation lies on the offender.
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