The discretion to suspend a sentence under s 38 of the Criminal Law (Sentencing) Act 1988 (SA) must be exercised by direct consideration of the circumstances of the case in hand, not by a process of comparison with other cases. The 'good reason' required by s 38 must be found within the confines of the particular case. No offence or class of offences is inherently excluded from suspension unless Parliament has expressly removed the power. Judicial observations that certain offences 'ordinarily' call for immediate custodial terms are merely indications that general deterrence will commonly outweigh personal circumstances, but there must always be room for exceptions.
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