Upon revocation of a s 12 good behaviour bond, the sentencing court must consider the non-custodial options preserved by s 99(2) of the Crimes (Sentencing Procedure) Act 1999 (NSW) — namely intensive correction orders and home detention — where such options are realistically available on the facts. Failure to do so constitutes sentencing error. The principle in Bugmy at [24] concerning appellate intervention may not apply to errors of omission in failing to consider available sentencing options, as distinct from errors of weight.
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