The determination under s 17A(1) of the Crimes Act 1914 (Cth) of whether no sentence other than imprisonment is appropriate is not a binary question admitting of only one correct answer; it is part of the discretionary instinctive synthesis. The availability of a non-custodial sentencing option does not preclude the sentencing judge from being satisfied that only imprisonment is appropriate. A sentence of imprisonment with immediate release on a recognizance release order under s 20(1)(b) may be appropriate even where the offender has compelling subjective circumstances including cognitive impairment, where the offending involves child abuse material.
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