Walker v R (No. 2)

The Court has received an Intensive Correction Order Assessment Report from which it appears Mr Walker’s personal and family circumstances are reasonably stable. He has been assessed at a medium risk of offending. His criminogenic needs are substance abuse / relapse prevention and mental health.

The report indicated that, despite the two lapses into drug use referred to at [53] of the principal judgment (Walker v R [2016] NSWCCA 224) he had stabilised significantly and had ceased drug use. He demonstrated a willingness to address his offending behaviour by way of accepting a referral to a mental health service provider.

The author of the report has assessed him as suitable for an Intensive Correction Order and notes that he has signed an undertaking to comply with all of the obligations of an Intensive Correction Order.

Accordingly, the Appellant is sentenced to a period of imprisonment of 16 months commencing 12 December 2016 and expiring 11 April 2018 to be served by way of an Intensive Correction Order. The Intensive Correction Order is subject to the mandatory conditions imposed by clause 186 of the Crimes (Administration of Sentences) Regulation 2014 (NSW).