A defendant's increased insight into drug addiction, current employment, and demonstrated willingness to undergo intensive residential rehabilitation since the time of original sentencing may constitute 'special circumstances' under s 58(4)(a) of the Criminal Law (Sentencing) Act 1988 (SA) justifying reduction of the non-parole period upon revocation of a suspended sentence. However, repeated breaches of abstinence conditions over a lengthy period, combined with prior judicial warnings, will not be excused under s 58(3) even where the defendant suffers from chronic addiction.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.
3 of the 3 citing cases carry a classified treatment. How each court treated it is available to signed-in members.