A sentencing judge who determines to suspend a sentence of imprisonment must follow the Zamagias steps and expressly consider the gradated alternatives to full-time custody, including periodic detention, and explain why a suspended sentence (as the most lenient option) is appropriate. Failure to do so constitutes error, but the NSWCCA may exercise its residual discretion to dismiss a Crown appeal if the suspended sentence was within the available range on a proper exercise of the discretion.
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