Section 38(2c) of the Criminal Law (Sentencing) Act 1988 (SA) expands the options available when suspension on health grounds is considered, and the power to impose a home detention condition is itself pertinent to the decision whether to suspend — it may allow a court more readily to find good reason to suspend. A sentencing judge who fails to consider s 38(2c) where a defendant's ill health, disability or frailty is in issue commits an error warranting appellate intervention. The suspension decision and the non-parole period decision are not alternatives — the same mitigating factors must be considered at both stages.
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