Section 12(1)(a) of the Crimes (Sentencing Procedure) Act 1999 permits partial suspension of a sentence of imprisonment, including suspension commencing at a future date. The scheme of s 44 (non-parole periods) is not subverted by this interpretation because s 12(3) excludes the operation of Part 4 from sentences subject to s 12 orders. However, the majority left open whether a sentencing judge's choice to use s 12 rather than s 44 to achieve the same practical result might constitute a discretionary error under House v The King principles.
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