When considering suspension of a sentence on grounds of ill health under s 38 of the Criminal Law (Sentencing) Act 1988 (SA), the availability of a home detention condition under s 38(2c) is relevant to the decision whether to suspend, not merely a matter to be considered after the decision to suspend has been made. Sentencing courts must assess what is practically achievable in managing an offender's health needs in custody, not merely whether management is theoretically possible.
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