A delay of over five years between imposition and revocation of a suspended sentence may constitute special circumstances under s 58(4)(a) of the Criminal Law (Sentencing) Act 1988 (SA) where the offender was responsible for only a small portion of the delay. The period during which an offender faces a more serious charge that is ultimately not pursued may be taken into account as a form of punishment when sentencing for the related offence. The Court expressly disclaimed that its resentencing exercise should be regarded as establishing any matter of principle or guideline.
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