When imposing a sentence of imprisonment to be served by way of periodic detention under s 6 of the Crimes (Sentencing Procedure) Act 1999 (NSW), the sentencing court must fix a non-parole period under s 44 or give reasons for declining to do so under s 45; the former practice under the repealed Periodic Detention of Prisoners Act 1981 of not fixing non-parole periods no longer applies. A combination of severely disadvantaged background, youth, mental health conditions, genuine remorse, guilty plea, admissions, and good rehabilitation prospects may constitute exceptional circumstances justifying departure from the Henry guideline requiring full-time custody for armed robbery.
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