When sentencing to periodic detention, the sentencing judge must follow a two-step approach: first fix an appropriate period of imprisonment reflecting objective criminality and subjective circumstances, then consider whether it should be served by way of periodic detention. The parity principle has reduced force where co-offenders were involved in the same enterprise but in different ways and are not sentenced for the same offence. Failure to set a non-parole period or give reasons for not doing so under ss 44-45 of the Crimes (Sentencing Procedure) Act 1999 constitutes sentencing error.
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