Following the 2016 amendments to ss 11 and 44 of the Sentencing Act 1991, the exceptions in s 11(1) permitting a court not to fix a non-parole period should be interpreted in light of the amendments, and a sentencing judge may decline to fix a non-parole period where a CCO is imposed in combination with imprisonment for arson offences, having regard to the offender's past history and the nature of the offence. The legislature did not intend as a routine sentencing option a combination of parole and a CCO. Where a CCO is combined with imprisonment, the primary objective of the CCO should be rehabilitative where the punitive aspects are fulfilled by the imprisonment component.
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