A suspended sentence of imprisonment is a sentence of imprisonment for the purposes of s 5(1) of the Crimes (Sentencing Procedure) Act 1999 (NSW), requiring the court to be satisfied that no penalty other than imprisonment is appropriate before imposing it. There is no inconsistency between concluding imprisonment is the only appropriate penalty and then suspending its execution; the same considerations relevant to the initial decision fall for reconsideration in determining whether to suspend. A suspended sentence is punishment and includes an element of general deterrence.
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