![Stanley v DPP [2023] HCA 3 and intensive correction order](https://obriensolicitors.com.au/wp-content/uploads/2023/02/Stanley-v-DPP-2023-HCA-3-and-intensive-correction-orders-1024x536.png)
This week the High Court of Australia (HCA) handed down a favourable judgement in Stanley v DPP (Stanley). This is relevant for those looking to avoid full-time imprisonment (jail) and instead receive an intensive correction order (ICO).
What is the difference between an intensive correction order and jail?
Both jail and ICOs are forms of “imprisonment“.
ICOs have replaced suspended sentences and home detention pursuant to Section 7(1) of the Crimes (Sentencing Procedure) Act 1999 (NSW) (SPA). Section 7(1) states:
A court that has sentenced an offender to imprisonment in respect of 1 or more offences may make an intensive correction order directing that the sentence or sentences be served by way of intensive correction in the community.
Community safety must be of “paramount consideration” when the sentencing court is deciding whether to make an ICO in relation to an offender.
Sentencing courts must now consider ICOs
This leaves scope for defence lawyers to now argue that their client’s sentence be an ICO instead of jail.
If you or someone you know are potentially going to receive a jail sentence, contact O’Brien Criminal and Civil Solicitors to find out your legal options.
Our lawyers have the experience and knowledge to guide you through the legal process.
