The element of 'force' in s 32 of the Correctional Centres Act 1952 (NSW) requires a causal relationship between the application of force and the rescue, but does not require force to be directed at prison employees or property; force applied to a third party (here, a helicopter pilot) which leads to the rescue is sufficient. Where two offences share a common element (force/assault) but have different gravamina (rescue vs hijack), concurrent identical sentences do not constitute double punishment under Pearce v The Queen. Computer-generated telephone records from a correctional centre are admissible as business records under s 69 of the Evidence Act 1995 where the representations were made for administrative purposes and not in connection with criminal proceedings.
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