A sentencing judge who concludes that immediate imprisonment is appropriate and only then considers whether it can be suspended reverses the statutory sentencing process under s 39 of the Sentencing Act 1995 (WA). General deterrence, while ordinarily carrying great weight in drug dealing offences, does not inevitably have to be given primacy in every case; it is sometimes in the greater public interest to give more weight to condemnation, personal deterrence and rehabilitation. A failure by defence counsel to submit that a suspended sentence is appropriate does not relieve the sentencing judge of the statutory obligation to give proper consideration to that option.
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