An offender subject to an interim or final prohibition order under the Child Protection (Offenders Prohibition Orders) Act 2004 who commits a registrable offence is on 'conditional liberty' for the purposes of s 21A(2)(j) of the Crimes (Sentencing Procedure) Act 1999, even where the specific offending conduct is not expressly prohibited by the terms of the order. The concept of 'objective seriousness' and mid-range assessment from R v Way is specific to standard non-parole period offences and should not be applied with the same degree of nuance to offences without standard non-parole periods.
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