A sentencing judge cannot 'craft' a sentence downward to bring it within the statutory threshold for an intensive corrections order; the term of the sentence must be determined before, and without regard to, the mode of service. A finding of exceptional hardship to children from simultaneous incarceration of both parents may properly be reflected in an adjustment to the non-parole period through special circumstances, rather than a reduction of the head sentence. The sentence of 4 years 6 months for credit card skimming fraud involving $1.3 million in proceeds of crime was within the proper discretionary range.
The full text is available to signed-in members, including the 1 later case that cites this judgment.