Under ss 78A and 78B of the Sentencing Act 1995 (NT), courts sentencing property offenders are precluded from wholly or partially suspending the term of imprisonment, making home detention orders, or (by majority) fixing non-parole periods, regardless of whether the sentence imposed is the statutory minimum or exceeds it. [name withheld], dissenting in part, would have permitted suspension of the portion of a sentence exceeding the minimum and the fixing of non-parole periods. The interaction of the mandatory sentencing provisions with hospital orders under s 80 was identified as problematic but not decided.
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