Section 66(2) of the Crimes (Sentencing Procedure) Act 1999 (NSW) does not operate as a prohibition on ICOs unless the court positively concludes an ICO is more likely to address reoffending risk than full-time custody; the assessment under s 66(2) is but one factor in the paramount consideration of community safety under s 66(1). Where an ICO is appropriate but the offender has served pre-sentence custody, the court may deduct the pre-sentence custody period from the appropriate sentence term so that the ICO commences on the date it is made, in compliance with ss 70 and 71. The Zamagias three-step sentencing process remains applicable except where pre-sentence custody cannot otherwise be accounted for.
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