A sentencing judge who excludes from consideration a legitimately available sentencing option (such as periodic detention) commits appealable error, even if the sentence actually imposed may have been within the available range. For offences under s 33B of the Crimes Act 1900 (NSW), full-time custody is not inevitable; the combination of the offender's background, the circumstances of the offence, the nature of the weapon, family responsibilities and rehabilitation prospects may constitute an exceptional case warranting periodic detention.
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