When a court revokes a suspended sentence under s 58 of the Criminal Law (Sentencing) Act 1988 (SA), it must conduct a two-stage inquiry: first considering whether the breach should be excused under s 58(3), including whether there is a marked disproportion between the breaching offence and the sentence to be activated; and second, if the breach is not excused, considering whether special circumstances under s 58(4) justify reducing the suspended sentence. Significant rehabilitation and positive changes in the offender's circumstances since the original sentencing are relevant special circumstances under s 58(4).
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