- Casella v R  NSWCCA 201
- R v Fangaloka  NSWCCA 173
- R v Pullen  NSWCCA 264
- Doran v Director of Public Prosecutions; Brunton v Director of Public Prosecutions  NSWSC 1191
Intensive Correction Orders – competing authorities – supremacy of legislative provisions
In this decision, the Court of Criminal Appeal (‘CCA’) has thrown more fuel on the fire in the competing decisions around Intensive Correction Orders (‘ICOs’).
First, it has found that ICOs of six months or less are fine. Secondly, it has challenged whether a court is obliged to positively determine that an ICO would address the offender’s risk of reoffending before it imposes one (finding instead that it would be sufficient if the assessment on that question were neutral). This decision follows the very recent decision and summary in these pages (see: 59 LSJ September 2019, p97) in relation to the decision of R v Fangaloka  NSWCCA 173, which itself had cast doubt on aspects of R v Pullen  NSWCCA 264 which also appeared in these pages (see: 52 LSJ February 2019, p96).