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Vamadevan v The King [2024] NSWCCA 223
In a decision that creates a crisp distinction between offenders committing federal offences as distinct from NSW State-based offences, the CCA has held that, whilst Intensive Correction Orders (‘ICO’s’) are available for federal offenders, s 66 of the Crimes (Sentencing Procedure) Act 1999 (NSW) do
DG v R (No 1) [2023] NSWCCA 320
In this decision the Court of Criminal Appeal (‘CCA’) has put to bed the question of whether a sentence of imprisonment can be reduced to enable consideration of an Intensive Correction Order (‘ICO’): it is not a permissible exercise of a sentencing judge’s discretion.
Chan v R [2023] NSWCCA 206
For anybody worried that it wasn’t already sufficiently complicated to sentence federal offenders, fear not, because this decision of the Court of Criminal Appeal (‘CCA’) provides that when sentencing a federal offender, a court applying the three-step test in deciding whether to impose an Intensive
Mourtada v R [2021] NSWCCA 211
In this decision the Court of Criminal Appeal (‘CCA’) has added yet more commentary to saga interpreting the legislation providing for the imposition of an Intensive Correction Order (‘ICO’)
Mandranis v R [2021] NSWCCA 97
In this decision, the Court of Criminal Appeal (‘CCA’) has endorsed a practice of reducing, rather than backdating, sentences of imprisonment when there is pre-sentence custody and an Intensive Correction Order (‘ICO’) is ultimately imposed.
Wany v DPP [2020] NSWCA 318
This decision adds another chapter to each of two ongoing areas of controversy: the exact nature of District Court appeals, and the content of the test when considering an Intensive Correction Order (‘ICO’). Here the Court of Appeal has determined that it is an error, when considering a sentence app
Casella v R [2019] NSWCCA 201
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, by finding that ICOs of 6 months or less are fine. And secondly, by challenging whether a court is obliged to positively determine tha
R v Fangaloka [2019] NSWCCA 173
In this decision the Court of Criminal Appeal (‘CCA’) has revisited the Intensive Correction Order (‘ICO’) regime. The decision revisits the priority that community safety and rehabilitation should take in the sentencing process, and determines that those aspects of the case are not to be given prim
R v Pullen [2018] NSWCCA 264
In this, the first appellate decision considering the new sentencing regime which commenced on 24 September 2018, the Court of Criminal Appeal (‘CCA’) has made comments showing how significant the changes to Intensive Correction Order (‘ICO’) really are.