Where an offence dealt with on indictment in the District Court could and ordinarily would have been dealt with summarily in the Local Court, the sentencing judge must give appropriate weight to that fact, and failure to refer to the summary disposal argument in remarks on sentence may indicate error. In such cases, Local Court sentencing statistics may be especially useful in calibrating the appropriate sentence. A community service order under s 8(1) Crimes (Sentencing Procedure) Act 1999 is not confined to cases where imprisonment would otherwise be imposed.
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