Section 66 of the Crimes (Sentencing Procedure) Act 1999 (NSW) operates restrictively rather than facilitatively: the paramount consideration of community safety does not render the s 3A purposes of sentencing (including adequate punishment, deterrence, and denunciation) subordinate when deciding whether to impose an ICO. The statements in R v Pullen [2018] NSWCCA 264 at [86] that s 3A considerations become 'subordinate' should not be followed. The De Simoni principle has no application where robbery in company and armed robbery are alternative forms of the same offence under s 97(1) carrying the same maximum penalty.
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