A sentencing judge cannot treat the objective gravity of an aggravated burglary offence, even a serious confrontational one, as automatically precluding the imposition of a community correction order, particularly for a youthful offender with excellent prospects of rehabilitation. The principles in Boulton regarding the availability of CCOs for serious offending apply to aggravated burglary, and the sentencing uplift following Hogarth does not establish a floor below which non-custodial dispositions are excluded. There is a legislative gap in the Sentencing Act 1991 (Vic) that prevents the combination of a Youth Justice Centre order with a CCO.
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