A sentencing judge's reference to a sentencing disposition that is no longer available (such as an ICO) is not an error when read in context as referring to the applicant's prior sentencing history rather than as identifying a current sentencing option. A sentencing judge is not required to use the statutory language of s 27(1A) of the Sentencing Act 1991 (Vic) when considering whether to suspend a sentence, provided the sentencing remarks as a whole demonstrate that the relevant considerations were taken into account.
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