So if conditional sentencing is a viable form of sentencing--and you've acknowledged that it is for much of its use, but not all of it--doesn't the problem lie with the judge's decision to use a sentence of less than two years? Isn't that the core of the problem here, the judge's decision that the offence involved warrants a sentence of less than two years and we're therefore into a conditional sentencing possibility?
Wouldn't it be appropriate to look back at the judge's determination that two years is the appropriate sentence? If we can get the judge up over two years, then he or she can't use conditional sentencing.