A marked disproportion between the seriousness of a breaching offence and the sentence to be activated can constitute proper grounds for excusing a breach under s 58(3) of the Criminal Law (Sentencing) Act 1988 (SA), as can a substantial difference between the character of the original offence and the breaching offence. However, where the sentence for the breaching offence is itself a substantial proportion of the suspended sentence, and the breach demonstrates a troubling disregard for court orders reinforced by poor compliance, disproportion will not be established. Under s 58(4), the absence of significant rehabilitation progress, lack of employment prospects, and no indication that serving the full sentence would operate more harshly than anticipated at the time of imposition will not constitute special circumstances warranting reduction.
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