9 Dec 2021
The court, exercising its power under s 94(3)(a) of the Sentencing Act 2002 and having regard to the probation officer's report and the offender's consent, granted the application and specified a special release condition requiring a psychological assessment and completion of any recommended treatment, proportionate to the objective of improving reintegration.
30 Sept 2016
The appeal is dismissed because the High Court concluded there was no error in the District Court judge's exercise of sentencing discretion; given the appellant's relevant prior convictions, high breath reading, and refusal to cooperate with probation, a one month custodial sentence with special release conditions was justified under s 250(3) Criminal Procedure Act 2011.
4 Mar 2009
The appeal was allowed because, on balance, the Probation Service's indicated position and the applicant's active participation in the MIRP programme meant that granting bail and enabling continuation of an intensive supervision sentence was in the interests of justice despite the applicant's poor offending history; the Judge below erred by failing to take those factors under s13 into account.