Walker v R (No. 2) [2016] NSWCCA 294

Walker v R (No. 2) [2016] NSWCCA 294

The Intensive Correction Order Assessment Report assessed the appellant as suitable for an Intensive Correction Order, noting reasonably stable personal and family circumstances, significant stabilisation, cessation of drug use, willingness to address offending behaviour through mental health referral, and an undertaking to comply with all Intensive Correction Order obligations; accordingly the sentence of 16 months imprisonment was ordered to be served by way of an Intensive Correction Order.

Jurisdiction
Australia
Judgment Date
12 December 2016
Procedural Posture
Criminal Appeal / Sentencing Following Intensive Correction Order Assessment Report
Outcome
The appellant was sentenced to 16 months imprisonment to be served by way of an Intensive Correction Order.
Legal Topics
['intensive Correction Order' 'imprisonment' 'substance Abuse and Mental Health Criminogenic Needs']
['criminal Law' 'sentencing'] ['intensive Correction Order' 'imprisonment' 'substance Abuse and Mental Health Criminogenic Needs']

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Procedural Posture

Criminal Appeal / Sentencing Following Intensive Correction Order Assessment Report

Legal Issues

  1. 1 ['Whether the appellant was suitable to serve a term of imprisonment by way of an Intensive Correction Order.']

Ratio Decidendi

The Intensive Correction Order Assessment Report assessed the appellant as suitable for an Intensive Correction Order, noting reasonably stable personal and family circumstances, significant stabilisation, cessation of drug use, willingness to address offending behaviour through mental health referral, and an undertaking to comply with all Intensive Correction Order obligations; accordingly the sentence of 16 months imprisonment was ordered to be served by way of an Intensive Correction Order.

Court Disposition

The appellant was sentenced to 16 months imprisonment to be served by way of an Intensive Correction Order.

Orders

  • ['The Appellant is sentenced to a period of imprisonment of 16 months commencing 12 December 2016 and expiring 11 April 2018 to be served by way of an Intensive Correction Order.' 'The Intensive Correction Order is subject to the mandatory conditions imposed by clause 186 of the Crimes (Administration of Sentences)...