The Court re-sentenced the offender for breach of a good behaviour order in identical terms to the original sentence, effectively resetting the 18-month good behaviour period rather than activating the suspended sentence. Taylor J held that activating the suspended sentence would be disproportionate to the breach in circumstances where the offender's non-compliance was substantially explained by a cascade of devastating personal events — the death of her eldest daughter, the acquittal of her alleged sexual assailant, and the death of her father — and where she continued to engage meaningfully with culturally appropriate support services. The Court declined to remove the supervision requirement, noting the offender would need to engage with supervision under her NSW orders until July 2027 in any event.
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