Under the Crimes (Sentencing) Act 2005 (ACT), a sentencing judge is not required to expressly refer to the possibility of an ICO where the sentence of imprisonment is more than two years but less than four years and no such suggestion has been made on behalf of the offender, provided the judge has complied with s 10(2) by considering alternatives to imprisonment. The broader question of whether EF v R [2015] NSWCCA 36 applies to the ACT legislation was left open.
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