The case confirms that delay between offence and sentence, coupled with rehabilitation, remains a relevant mitigating factor in sentencing for historical sexual offences, but the weight to be given to it is contested. The court exercised its discretion to refuse permission to appeal despite finding the head sentence too low, because intervention would still result in a suspended sentence. Section 340 of the Criminal [name withheld] Consolidation Act 1935 (SA) removes double jeopardy from resentencing but does not affect the residual discretion to refuse permission to appeal.
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