Preview: Intensive Correction Orders with The Hon. Justice Dina Yehia and Rose Khalilizadeh

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Published on: [26.10.2022] In this edition of BenchTV, The Honourable Justice Dina Yehia (Justice of the Supreme Court of New South Wales) and Rose Khalilizadeh (barrister) discuss how courts approach the sentencing exercise when dealing with an intensive correction order under section 66 of the Crimes (Sentencing Procedure) Act 1999 (NSW) as well as some practical considerations for practitioners when they are making submissions with respect to intensive correction orders.

Discussion Includes:

  • Background
  • Section 66
  • The decision in Fangaloka
  • Other cases
  • Following Fangaloka
  • Is there still controversy?
  • Pre-sentence custody
  • Legislation for practitioners to be mindful of in making submissions about an ICO
  • Steps for practitioners to consider when seeking an ICO
  • When to ask the court to proceed without a Sentencing Assessment Report
  • How should practitioners approach submissions?
  • Advising someone who has received an ICO

Presenter Profiles

The Hon. Justice Dina Yehia Rose Khalilizadeh

BIBLIOGRAPHY

Cases

  • R v Fangaloka [2019] NSWCCA 173
  • Casella v R [2019] NSWCCA 201
  • Wany v Director of Public Prosecutions [2020] NSWCA 318
  • R v Pullen [2018] NSWCCA 264
  • Mourtada v R [2021] NSWCCA 211
  • Mandranis v R [2021] NSWCCA 97
  • Care v R [2022] NSWCCA 101

Legislation

  • Crimes (Sentencing Procedure) Act 1999 (NSW)