In Crown sentence appeals against wholly suspended sentences for dangerous driving causing death, the residual discretion may be exercised to decline to impose actual custody where the offender is youthful, psychologically vulnerable, and has made substantial rehabilitation efforts since sentencing, even though the sentence is manifestly inadequate. However, a sentence found manifestly inadequate but left undisturbed cannot be used as a comparable sentencing decision in future cases. The scope of the residual discretion where the offender has never been imprisoned (as distinct from cases where the offender has served time and been released) remains a live issue, with Morrison JA's dissent suggesting a narrower application in such circumstances.
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