When considering whether it would be 'unjust' to restore a suspended sentence under s43(7) of the Sentencing Act (NT), the court should address: whether the further offence warrants a custodial sentence in its own right; whether it is sufficiently trivial to justify non-restoration; and whether the aggregate term would be excessive. It is not necessary that the further offence be of the same nature as the original offence. The transitional provision in s130(2) requires breaches of bonds made under the repealed Criminal Law (Conditional Release of Offenders) Act to be dealt with under the Sentencing Act.
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