'Exceptional circumstances' in s.31(5A) of the Sentencing Act 1991 (Vic) requires circumstances so exceptional as to be beyond reasonable contemplation or expectation. The 1997 amendment raised the threshold significantly from the former balancing exercise under s.31(7). Delay, improved psychological condition, employment, family hardship, character evidence, conduct on bail, and the relative lack of seriousness of breaching offences — whether considered singly or in combination — do not ordinarily constitute exceptional circumstances. Where breaching offences involve dishonesty of the same kind as the original offences, this strengthens the case for full restoration.
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