For sentences between two and four years imprisonment under the ACT Crimes (Sentencing) Act 2005, a sentencing court does not have a general discretion to order an intensive corrections order; the discretion must be exercised after considering the specified factors in s 11(3). A sentencing judge who considers and rejects an intensive corrections order after discussing the relevant statutory factors has adequately discharged the sentencing task. Sentencing database statistics provide no more than a point of comparison and are of limited use in determining the available sentencing range.
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