The principle that rehabilitation should be given greater weight for young offenders does not require rehabilitation to be the primary sentencing consideration where the offender has shown no commitment to rehabilitation and has persistently flouted court orders. A sentencing judge is not obliged to order a pre-sentence report for CCO suitability where the judge has formed the view, based on the evidence, that the offender is not an appropriate candidate for a CCO. The prospect of deportation under s 501(3A) of the Migration Act is a relevant factor that increases the burden of imprisonment, but does not preclude a sentence exceeding 12 months where the gravity of the offending warrants it.
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