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Intensive Correction Orders (ICOs)
If a court imposes a sentence of imprisonment of less than 2 years, it may direct that the sentence be served by way of an Intensive Correction in the community. An offender who is sentenced to an ICO will be subject to close monitoring by Corrective Services. This alternative to full time gaol is becoming a popular option with sentencing courts.
For a comprehensive explanation of an Intensive Corrections Order, click here.
Intensive Corrections Orders can be imposed in a wide range of offences.
Here are some case studies:Case Study – Intensive Correction Orders
Case Study – 6th Offence
Our client pleaded guilty to Supply Prohibited Drug and Deal with Property Suspected being proceeds of Crime at Bankstown Local Court in September 2011. He was a 55 year old man with a long history of drug use and failed rehabilitation. Most of his criminal record was petty crime, committed to support his drug habit. He had been in and out of jail on numerous occasions throughout his life, and it seemed that he had little prospects of rehabilitation.
Our dedicated lawyer made strong submissions that our client should be given another chance at proving to the court that he had some prospects of rehabilitation, and should be allowed to live free to continue that rehabilitation.
The sentencing magistrate adjourned the matter for a period of 6 months to allow our client time to prove himself. We directed him to a rehabilitation clinic where he went onto a program of detoxification.
The matter came back before the same magistrate in March 2012. Our client provided 4 clean urine test reports showing that the abstained from drug use for the preceding 4 months. The magistrate congratulated him on his progress, and in sentencing him to jail, ordered that he be assessed for an ICO. He was ultimately assessed as suitable, and is currently serving that order.
Case Study – Intensive Corrections Order instead of Full Time Prison for Driving Whilst Disqualified
Our client was charged with his sixth driving while disqualified within a 8 year period. The client had previously been sentence to full time custody for six months for his last driving while disqualified.
There were extenuating circumstances why our client needed to drive on this occasion.
We appeared on behalf of our client at Campbelltown Local Court before Magistrate Guy.
Our court agreed with our submission that our client should be assessed for an intensive corrections order. The matter was adjourned for an intensive corrections order assessment.
Our client was found suitable for an intensive corrections order. The client was sentenced to a term of imprisonment of 9 months to be served by way of an intensive corrections order.
Our client, amazingly, avoided a jail term.
Case Study - Intensive Corrections Order for 4th offence within 2 years
Our client was charged with his fifth driving whilst disqualified within an 8 year period. He had previously been sentenced to full time custody for six months for his last driving whilst disqualified offence.
There were extenuating circumstances why our client needed to drive on this occasion. Our solicitor was successful in arguing that there was a good reason for our client to drive on this occasion which the Court accepted.
The Court agreed with our submission that our client should be assessed for an intensive corrections order.
The matter was adjourned for assessment.
Our client was found suitable following the assessment and was sentenced to a term of imprisonment of 9 months to be served by way of an intensive corrections order assessment at Campbelltown Local Court.
The client stayed out of full time custody.
Case Study - Intensive corrections order for supplying 56g of 78% pure Methamphetamine
Our client was charged with two driving whilst disqualified offences within a period of two weeks. Our client had 3 prior convictions for the same offence. Our client was facing the real possibility of a full time custodial sentence. Our client had a significant problem with drug use.
The matter proceeded before Magistrate Hyatt at Mt Druitt Local Court. It was submitted on behalf of our client, that a full time custody sentence would not adequate address our clients drug use.
It was submitted that our client should be assessed for an intensive corrections order (ICO) which would not only address our clients rehabilitation but also adequately punish our client for his conduct. The court agreed and adjourned the matter for an ICO assessment.
Our client was found suitable for an ICO. The court imposed a term of imprisonment of four months but directed that it be served by way of an ICO order.
Our client was a 30 year old man who was caught with 2 ounces of high grade methamphetamine in his car.
Adam of LY Lawyers applied for and was granted bail for our client at Liverpool Local court, when the matter first came to court.
He had a minor criminal record. He was drug dependant at the time of the offence, however had successfully completed various rehabilitation programs whilst on bail. He had also provided evidence was rehabilitation of his gambling addiction.
His wife had just given birth to his first child, and had a strong subjective case in arguing for a sentence other than full time imprisonment.
The case appeared before Judge Baly at Parramatta District Court in early November 2014, where, represented by LY Lawyers and our Barrister, Judge Baly accepted our submission that our client had excellent prospects of rehabilitation and could be made to serve his sentence of imprisonment in the community.
The judge ordered an assessment for an Intensive Corrections order, which on the next occasion at court in early December 2014, was ordered.
An exceptional result for our client.
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