Sorry to interrupt, but am I to take it that the court must first consider the crime and whether the individual before it is eligible for a conditional sentence? Initially, it is about a sentence of imprisonment, an individual who deserves a sentence of imprisonment.
Then, consideration is given to the conditional sentencing option. You would add a prerequisite to that. Sexual assault cases were mentioned, and you gave a very good example, impaired driving causing bodily harm, which would warrant a sentence of imprisonment.
Is conditional sentencing applicable in that case? If I understand correctly, your answer is yes, but there would be those two prerequisites.