The exceptional circumstances test for hardship to dependants under s 10(1)(n) of the Criminal Law (Sentencing) Act 1988 (SA) requires the court to weigh the community's interest in imposing the appropriate sentence against the cost to the defendant's family, and hardship becomes exceptional where it travels beyond what is appropriate in securing the community's welfare through enforcement of the criminal law. Informal sentence indications given at special directions hearings carry significant risks and do not bind subsequent sentencing judges; the dashed expectations of an accused arising from such an indication may be relevant to resentencing but do not, of themselves, require suspension. A victim's opinion as to the appropriate penalty is irrelevant to sentencing and to give it weight offends the principle of equal justice.
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