Where the option of serving a sentence in the community has been raised in submissions before a sentencing court, the court must address the considerations in s 66 of the Crimes (Sentencing Procedure) Act 1999 (NSW) in its reasons, even if the submission was made only in written submissions and not pursued orally. Failure to do so constitutes appealable error. When this Court imposes an ICO on resentencing, the ICO must commence on the date it is made (not backdated), but the sentence may be reduced to account for the period of full-time custody already served, following Mandranis. The concept of breach of trust in sentencing for fraud on compulsory third party insurance extends beyond the precise terms of s 21A(2)(k) to encompass the community's interest in the integrity of the insurance system.
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