A serious repeat offender declaration under s 20B(3) of the Criminal Law (Sentencing) Act 1988 (SA) can only be made when the sentencing court forms the opinion that a sentence departing from the principle of proportionality, or a non-parole period exceeding that available under s 32, is required to protect the community. The term 'particularly severe sentence' in s 20B(3)(b) means a disproportionate sentence, not merely a sentence at the high end of the proportionate range. Section 20B(3)(a) does not confer a standalone broad discretion to make the declaration independently of the opinion required by s 20B(3)(b).
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