A sentencing judge's decision not to suspend a sentence of imprisonment is not an error where the offender has a history of breaching probation, community service orders and suspended sentences. Section 144(4) of the Penalties and Sentences Act 1992 (Qld) does not require a mandatory two-stage process of first deciding on imprisonment and then positively considering suspension; rather, it provides that a court must not suspend if satisfied imprisonment is appropriate.
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