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Combining a CCO with a prison sentence

In a 10 July 2016 Court of Appeal case it was held that a sentence must be viewed in its entirety when deciding whether the sentence was excessive.

In a 10 July 2016 Court of Appeal case it was held that a sentence must be viewed in its entirety when deciding whether the sentence was excessive. It is 'not appropriate to assign individual sentencing aims to one or other component of a combined sentence so as to determine whether that component viewed in isolation was outside the range reasonably open to the judge'. This Greatorex v The Queen decision agreed that there is no correlation between a prison term and a CCO.

See Sentencing Advisory Council—How does prison combined with a CCO compare with prison only?

From 29 September 2014 (and up until 20 March 2017) a court can impose a jail sentence of up to 2 years with a community corrections order. The CCO only starts after a person has served their prison sentence (including any period of parole). This jail sentence limit excludes arson offences. For arson offences a court can combine a CCO with a prison sentence up to the maximum for that offence.

Note: After 19 March 2017 a court can only combine a CCO with a jail sentence of up to 12 months.

See s. 44—Sentencing Act 1991 (Vic) and Amendments to the Sentencing Act 1991 – CCO reforms.

Updated