When sentencing to imprisonment under the Crimes (Sentencing Procedure) Act 1999 (NSW), a court must first determine the appropriate term of imprisonment without regard to whether the sentence will be suspended or the manner in which it will be served, and only then consider whether an alternative to full-time custody is available and appropriate. A suspended sentence under s 12 is not an alternative to imprisonment within the meaning of s 5. The term of imprisonment cannot be influenced by the anticipated mode of service. For offences of serious violence involving wounding with intent to cause grievous bodily harm, strong subjective circumstances cannot justify a suspended sentence where general deterrence is of great importance.
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