A sentencing judge who assumes an offender will be granted parole when deciding between a custodial sentence with a non-parole period and imprisonment combined with a CCO commits a specific sentencing error under s 5(2AA) of the Sentencing Act 1991 (Vic). Following Boulton, courts must genuinely consider whether a CCO alone or in conjunction with imprisonment of up to two years would satisfy the requirements of just punishment, even for serious offences such as armed robbery.
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