The maximum sentence limitations for periodic detention (3 years) and home detention (18 months) under the Crimes (Sentencing Procedure) Act 1999 (NSW) are not removed by s 20AB(1A) of the Crimes Act 1914 (Cth) for federal offences. Where a sentencing judge is concerned about the conditions of custody for a mother with an infant, the appropriate course is to defer sentencing to obtain proper evidence about the prison system's capacity to accommodate the mother and child, rather than to wholly suspend the sentence. The requirement for exceptional circumstances before giving substantial weight to the effect of a sentence on family or dependants under s 16A(2)(p) is confirmed.
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