When imposing a combination sentence of imprisonment and a CCO under s 44 of the Sentencing Act 1991 (Vic), a sentence of exactly 2 years' imprisonment triggers the mandatory non-parole period requirement under s 11(1), which cannot be avoided unless the nature of the offence or past history of the offender makes fixing a non-parole period inappropriate. Sentencing judges who wish to have a CCO commence immediately upon completion of the custodial term without a parole period must impose a sentence of less than 2 years. The choice between a CCO and a non-parole period only arises where a sentence of less than 2 years is imposed.
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