When declining to set a non-parole period under s 45 of the Crimes (Sentencing Procedure) Act 1999, a sentencing court may have regard to the conditions of supervision that will apply under periodic detention. The two-step sentencing prohibition on having regard to the manner of service applies to the determination of the length of the sentence, not to the separate question of whether to set a non-parole period.
The full text is available to signed-in members, including the 2 later cases that cite this judgment.