A sentencing judge exercising the s 33BB home detention discretion must provide reasoning distinct from that given for declining to suspend the sentence under Part 5, as the two discretions are governed by different tests. Old cannabis-related offences committed decades earlier add little to the imperative of personal deterrence for heroin trafficking. The rejection of a defendant's evidence is not, of itself, sufficient to support a positive finding beyond reasonable doubt of an aggravating fact.
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