Where an offence is committed in lawful custody and ss 64 and 65 of the Crimes (Sentencing) Act 2005 (ACT) preclude the fixing of a non-parole period, the court retains the power to suspend a sentence of imprisonment and impose a good behaviour order, thereby providing a mechanism for supervised community release to promote rehabilitation. The Bugmy principles and Verdins/De La Rosa principles may moderate the weight given to general and personal deterrence even for offences committed in custody, though the importance of general deterrence in the custodial context remains a significant countervailing consideration.
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