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Regina v Evans (No 1) [2021] NFSC 2

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.
The CSD acknowledges Aboriginal and Torres Strait Islander peoples as First Australians and recognises their culture, history, diversity and their deep connection to the land. We acknowledge that we are on the land of the traditional owners and pay respects to Elders past and present.

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