'Proper grounds' for excusal of a breach of a suspended sentence bond under s 58(3) of the Criminal Law (Sentencing) Act 1988 (SA) (and s 114 of the Sentencing Act 2017 (SA)) are confined to the nature and circumstances of the breaching offence and do not extend to the personal circumstances of the defendant. Personal circumstances such as the need for treatment, financial hardship to dependants, and rehabilitation prospects are not relevant to the s 58(3) inquiry but may be relevant to the 'special circumstances' inquiry under s 58(4) for reducing the term of the original sentence. Five single-judge decisions suggesting otherwise are wrongly decided.
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