Under s 32(1)(b) of the Criminal Law (Sentencing) Act 1988 (SA), upon revocation of a suspended sentence, the sentencing judge must review and extend the non-parole period unless special circumstances under s 58(4) are found. A sentencing judge cannot simply impose a new, lower non-parole period for the cumulative sentence without addressing this statutory requirement. A sentence imposed in breach of this requirement is not authorised by law and will be set aside on appeal, even where the prosecution's own error contributed to the mistake.
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