The power under s 61 of the Crimes (Sentencing) Act 2005 (ACT) to amend a sentence is only enlivened where the penalty itself is contrary to law, not where the penalty was reached by erroneous reasoning — following Achurch v The Queen on the equivalent NSW provision. A probation condition in a good behaviour order for a young offender is not subject to the three-year time limit in s 133W, which applies only to supervision conditions. The proposition that young offenders should necessarily serve a more substantial portion of their sentence in custody is antithetical to the requirement in s 133G(2) that imprisonment be 'a last resort and for the shortest appropriate term'.
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