Under the new s 66 of the Crimes (Sentencing Procedure) Act 1999, 'community safety' as the paramount consideration for ICOs is inextricably linked with rehabilitation and requires the court to assess whether an ICO or full-time custody is more likely to address the offender's risk of reoffending; this makes other sentencing purposes under s 3A subordinate. Under s 68(2), where an aggregate sentence is imposed, an ICO is available provided the aggregate does not exceed 3 years, regardless of whether any individual indicative sentence exceeds 2 years. For fail to stop and assist offences under s 52AB, the offender's actual or constructive knowledge of the victim's injuries is a material consideration in assessing objective seriousness.
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17 of the 38 citing cases carry a classified treatment. How each court treated it is available to signed-in members.