The words 'has taken place' in s.11(1)(b) of the Crimes (Sentencing Procedure) Act 1999 are not synonymous with 'has been completed'; the provision is directed to the offender demonstrating actual rehabilitation or that rehabilitation is 'well on the way'. A s.11 order is not precluded merely because a full-time custodial sentence is inevitable; such an order may assist in determining the non-parole period. However, the s.11 power should not be used to delay sentencing beyond the point where the court is sufficiently seized of all relevant material, and findings as to objective seriousness should be made before exercising the power.
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