Performance of community work under an ICO does not constitute 'exceptional circumstances' under s 26(3B) of the Sentencing Act 1991 (Vic) where the offender was continuously committing offences punishable by imprisonment throughout the ICO period. However, compliance with an ICO may constitute exceptional circumstances in other cases. Where no exceptional circumstances are found, the court has no power to reduce the unexpired portion of the sentence but may exercise the concurrency discretion under s 26(4) to give some credit for community work performed.
The full text is available to signed-in members, including the 4 later cases that cite this judgment.