A serious repeat offender declaration under s 20B of the Criminal Law (Sentencing) Act 1988 (SA) is an exceptional step requiring cogent evidence, not merely a lengthy criminal record. The permanent consequences of the declaration — including the lifelong removal of proportionality constraints and mandatory four-fifths non-parole periods — must be weighed against the offender's youth, prospects of rehabilitation, and the adequacy of ordinary sentencing powers. Where the sentencing court has not explained why the declaration was necessary given the sentencing powers already available, the discretion may be found to have miscarried. The question whether 'imprisonment' in s 20A(3)(a) encompasses 'detention' under the Young Offenders Act 1993 was left open.
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