The offender was sentenced following a plea of guilty to 1 count of possessing a controlled drug, cannabis, contrary to s 308.1(1) of the Commonwealth Criminal Code and 1 count of trafficking in a controlled drug, methamphetamine, contrary to s 302.4(1) of the Commonwealth Criminal Code.
Conditional Release Order: Crown argued it would be inconsistent with s 20AB to use s 20(1)(a)(iv) to impose a condition of home detention in a recognisance release order. The purpose of a recognisance release order is that it operates as part of an overall sentence of imprisonment in lieu of a period of parole. The power to make such an order necessarily contemplates that it may operate as a restriction on the liberty of the individual to whom it applies. It follows that it is inherent in the statutory scheme that the conditions that a court has power to include in a recognisance release order must have regard to punishment of the severity appropriate to the crime of which the offender stands convicted. Sections 19AC(1), 20(1)(a)(iv) and (b) authorise the inclusion in a recognisance release order of conditions that have the same effect that could be achieved were there power under s 20AB(1) to impose any of the alternate sentencing options including home detention.
Offender released on recognisance release order forthwith on the conditions of 5 years of good behaviour, and until 4 March 2022 residing at current address between 9:00pm and 6:00am.
Conditional Release Order: Crown argued it would be inconsistent with s 20AB to use s 20(1)(a)(iv) to impose a condition of home detention in a recognisance release order. The purpose of a recognisance release order is that it operates as part of an overall sentence of imprisonment in lieu of a period of parole. The power to make such an order necessarily contemplates that it may operate as a restriction on the liberty of the individual to whom it applies. It follows that it is inherent in the statutory scheme that the conditions that a court has power to include in a recognisance release order must have regard to punishment of the severity appropriate to the crime of which the offender stands convicted. Sections 19AC(1), 20(1)(a)(iv) and (b) authorise the inclusion in a recognisance release order of conditions that have the same effect that could be achieved were there power under s 20AB(1) to impose any of the alternate sentencing options including home detention.
Offender released on recognisance release order forthwith on the conditions of 5 years of good behaviour, and until 4 March 2022 residing at current address between 9:00pm and 6:00am.
