The Crown has an obligation at sentencing to draw all relevant sentencing options to the attention of the judge and to ensure appropriate options are not overlooked. A Crown concession against full-time custody does not preclude the Crown from arguing on appeal for intermediate custodial penalties such as periodic detention, home detention, or suspended sentences. Section 10 of the Crimes (Sentencing Procedure) Act 1999 is unlikely to be appropriate for serious offences under s 33B of the Crimes Act 1900 involving threats against police officers. The criteria in s 10(3) are disjunctive and non-exhaustive, but all must be taken into account.
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