In NSW, the seventh point in Buss JA's summary in Scook v R (that a sentence may be reduced to mark disapproval of dilatory prosecutorial conduct) has been disavowed; the focus of delay as a mitigating factor remains on the consequences of the delay to the offender, and subpoenas to prosecution solicitors to explore reasons for delay lack legitimate forensic purpose where the prosecution has conceded the delay is unexplained and the sentencing judge has indicated she will find it unreasonable.
The full text is available to signed-in members, including the 7 later cases that cite this judgment.
1 of the 7 citing cases carry a classified treatment. How each court treated it is available to signed-in members.