Under the Crimes (Sentencing) Act 2005 (ACT), where a sentencing judge determines under s 77(1)(b) that it is not appropriate for a sentence to be served by intensive correction — for example, because the objective seriousness of the offending demands full-time imprisonment — the offender is rendered ineligible for an ICO and the judge is not required to engage further with the suitability assessment under s 78. The three eligibility criteria in s 77(1) are each necessary and none trumps the others. The reasoning in Stanley v DPP (NSW) regarding mandatory consideration of suitability assessments does not apply in the ACT because the ACT legislation lacks the 'paramount consideration' of community safety found in s 66 of the NSW Sentencing Procedure Act.
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