Delay not attributable to an offender is a mitigating factor on sentence if it has resulted in significant stress or uncertain suspense; an offender need not establish consequences over and above stress and anxiety before delay becomes relevant. The first principle in R v Pickard [2011] SASCFC 134 — that mere delay without relevant changes is not usually a reason to reduce sentence — is not wholly consistent with NSWCCA authority. For Commonwealth revenue fraud, there is no judicially determined norm or starting point for the ratio between head sentence and recognizance release order.
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