No, I think that's a correct observation where the offence is less serious. This is done on a regular basis in the courts. Where an offence is described as a hybrid offence, the crown can proceed by either indictment or summary conviction. The crown does this every day, thousands of times, and makes that kind of distinction.
So in those cases of a summary conviction offence or where the offence proceeded by way of summary conviction, it wouldn't then fall under the prohibition against conditional sentences being imposed. So in regard to the concerns that some of the opposite members have indicated about whether in those minor cases, shouldn't there still be the discretion, that discretion exists not only in that context but also in the context of suspended sentences and probation orders.