A sentencing judge's rejection of a Community Corrections Order in favour of imprisonment for a young offender with no prior convictions is a discretionary decision that will not be disturbed on appeal absent error of law or fact, even where the offender has significant mitigating personal circumstances, where the offending is serious and the injuries severe. Section 5(4C) of the Sentencing Act 1991 (Vic), requiring positive satisfaction that sentencing purposes cannot be achieved by a CCO before imposing imprisonment, does not apply to sentences imposed before 29 September 2014.
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