When re-sentencing an offender for breach of a good behaviour order under s 110 of the Crimes (Sentence Administration) Act 2005 (ACT), the sentencing judge must have before them the material relevant to the original offending and must apply the sentencing principles that applied at the time of the original conviction. The prosecution bears an obligation to ensure such material is available. Where an offender suffers from diagnosed mental illnesses, the sentencing judge must carefully weigh the general deterrent and retributive effect of the sentence, and rehabilitation may be the primary focus.
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