A sentencing judge must fix the term of imprisonment and determine whether to set a non-parole period under ss 44 and 45 of the Crimes (Sentencing Procedure) Act 1999 before considering whether the sentence should be served by way of periodic detention under s 6. Failure to follow this two-stage procedure is productive of error, particularly where the decision not to set a non-parole period is influenced by the prior determination that the sentence will be served by periodic detention.
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