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Key decisions

  • Casella v R [2019] NSWCCA 201
  • R v Fangaloka [2019] NSWCCA 173
  • R v Pullen [2018] NSWCCA 264
  • Doran v Director of Public Prosecutions; Brunton v Director of Public Prosecutions [2019] NSWSC 1191

Casella v R [2019] NSWCCA 201

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 [2019] NSWCCA 173, which itself had cast doubt on aspects of R v Pullen [2018] NSWCCA 264 which also appeared in these pages (see: 52 LSJ February 2019, p96).

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