When exercising the discretion to suspend a sentence under s 38 of the Criminal Law (Sentencing) Act 1988 (SA), a sentencing judge must expressly address all relevant reasons for suspension, including the offender's youth and mental health, and not merely compare the case to a single prior authority where different mitigating factors applied. General deterrence should be given little weight where the offender suffers from mental illness and cognitive impairment, as such an offender is not an appropriate medium for making an example to others. The rules of practice for receiving further evidence on sentence appeals are subservient to the overriding principle that evidence will be received if failure to do so would result in an unjust sentence.
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