Imprisonment for driving whilst disqualified under s 31(1) of the Traffic Act 1987 (NT) is not mandatory unless exceptional circumstances exist; the prior Supreme Court decisions are guidelines only and do not circumscribe the magistrate's sentencing discretion. Home detention under s 19A of the Criminal Law (Conditional Release of Offenders) Act 1971 (NT) is a viable sentencing option, particularly for first offences. Where a court deals with multiple offences on different dates, each must be considered separately and a conviction for the first offence should not be treated as a prior conviction for the second, though commission of the second offence while on bail is an aggravating circumstance.
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