Section 5(4C) of the Sentencing Act 1991 (Vic) requires a sentencing judge to consider whether a CCO can achieve the purposes of sentencing, but does not require the judge to refer to s 5(4C) or give reasons for refusing a CCO in sentencing remarks. A positive CCO assessment does not create a presumption that a CCO will be imposed. Where an offender has undertaken exceptional rehabilitation steps — including voluntary residential treatment, sustained drug-free status, and stable employment — the sentencing judge must give substantial weight to rehabilitation, and describing such prospects as merely 'reasonably good' may understate them and lead to manifest excess.
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