A conclusion that a sentencing judge deliberately expanded the term of a sentence to counter a perception that an ICO was lenient is not to be drawn lightly. Post-sentence evidence of hardship in complying with ICO work conditions caused by the offender's own decision to change employment is irrelevant and inadmissible on appeal. Administrative remedies under ss 85-87 of the Crimes (Administration of Sentences) Act 1999 should be pursued for ICO compliance hardship, and the Commissioner's power to require make-up work under s 86(1) is discretionary, not obligatory.
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