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ARTICLE · 28 FEBRUARY 2023

Stanley v DPP [2023] HCA 3 and intensive correction orders – What it means for those facing jail.

O'Brien Criminal & Civil Solicitors
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Recent case is relevant for those looking to avoid full-time jail & instead receive an intensive correction order.

AustraliaCriminal Law
Peter O'Brien
Peter O'Brien
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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).

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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.

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