The statement in R v Fangaloka that Part 5 of the Crimes (Sentencing Procedure) Act 1999 (NSW) is unlikely to be applied to sentences of 6 months or less is not binding and does not preclude the imposition of an ICO for such terms. Significant doubts were expressed about whether s 66 operates as a prohibition on ICOs unless the court positively concludes an ICO is more likely to address reoffending risk than full-time custody. For concealment offences under s 316, the sentence must be considered in light of sentences imposed on those who committed the concealed offences, and a full-time custodial sentence may be manifestly excessive where co-offenders who actually participated in the underlying offence received non-custodial sentences.
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