A sentencing judge who imposes a suspended sentence must demonstrate in the remarks on sentence that the two-step process was followed: first, that imprisonment is the only appropriate option (s 5(1)), and second, that the sentence should be suspended. Failure to address the threshold question, or elision of the two steps, constitutes appealable error. A sentence of imprisonment should not be increased in length because of a decision to suspend its operation. Immigration consequences of a sentence should not be taken into account absent evidence and legal argument on the point.
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