When resentencing and imposing an ICO, the appropriate term of imprisonment is determined first without regard to the manner of service, and then adjusted by deducting a period equivalent to pre-sentence custody so the ICO commences on the date it is made. General deterrence has a more limited role in sentencing where the offender's mental condition at the time of offending is a feature to be taken into account, because such an offender is not an appropriate medium for making an example to others. The Stanley v DPP framework requires a forward-looking assessment of whether community safety is better served by an ICO or full-time detention, with the nature and content of ICO conditions being important in measuring reoffending risk.
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