The identification of a sentencing error (failure to take into account material considerations) does not automatically entitle an appellant to a reduced sentence; the appellate court exercises the discretion afresh and may impose the same sentence. Hardship to a spouse arising from the offender's incarceration, including the spouse's inability to access social security benefits due to visa status, is relevant under s 10(1)(n) of the Criminal Law (Sentencing) Act 1988 (SA) but is not sufficiently exceptional to warrant suspension of a sentence for commercial cannabis cultivation where the spouse has alternative support available overseas.
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