Following the February 1999 amendments to the Periodic Detention of Prisoners Act 1981, a sentencing judge must adopt a two-stage approach: first fixing the appropriate term of imprisonment, and only then considering whether it should be served by periodic detention. It is no longer permissible to extend the term of imprisonment to compensate for the leniency of periodic detention. Where an offender was a juvenile at the time of offending but is tried as an adult due to delay in reporting, the lost opportunity to be dealt with in the Children's Court and its less punitive regime is a relevant sentencing consideration that may render an otherwise appropriate adult sentence manifestly excessive.
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