R v MARSHALL

This matter concerned an appeal against sentence brought by the appellant, R v Marshall, before the Full Court of the Supreme Court of South Australia, comprising Vanstone, Parker and Doyle JJ. The appeal concerned the appellant's non-parole period in relation to a sentence imposed under the *Criminal Law (Sentencing) Act 1988* (SA).

The central legal issue before the court was whether "special circumstances" existed, within the meaning of s 58(4) of the *Criminal Law (Sentencing) Act 1988* (SA), to warrant a reduction in the appellant's non-parole period. This involved considering whether the appellant's progress in rehabilitation, despite poor compliance with bond conditions, rendered the original non-parole period inappropriate or oppressive.

The court, in allowing the appeal, reasoned that a combination of factors constituted special circumstances. These included the appellant's period of over four years without reoffending since the original offence, his apparent overcoming of substance abuse issues, the continued support of his family, and his successful attainment of employment. The court found that these factors indicated significant progress in rehabilitation, largely achieving the objective of the original suspended sentence. Consequently, the court determined that the original non-parole period of two years was oppressive and reduced it to one year, thereby allowing the appellant to spend a greater proportion of his sentence on parole to facilitate his re-establishment in the community.