A sentencing judge's finding that sexual offending against a child under 16 is an 'exceptional case' under Clarkson v The Queen — warranting a non-custodial sentence — does not require that all conditions of a community correction order also be minimal. The judge retains discretion to impose punitive conditions including substantial unpaid community work hours where the offender engaged in knowing and persistent disobedience of the law. The formulation of CCO duration and conditions remains quintessentially discretionary, with a broader range within which opinions can reasonably differ.
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