When a court reconsiders a breached suspended sentence under s 84F of the Sentencing Act 1995 (WA), time spent in custody between the breach and the resentencing hearing is a relevant circumstance to be taken into account in determining whether it would be unjust to activate the full term under s 84F(3). The sentencing judge cannot adjust the quantum of the original suspended sentence to give credit for pre-sentence custody; rather, such time should be factored into the 'unjust' determination and reflected in an order to serve part of the term under s 84F(1)(b).
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