An Intensive Correction Order for aggravated kidnapping (s 86(2) Crimes Act 1900) involving sustained violence, threats to kill, and use of a motor vehicle as a weapon is manifestly inadequate notwithstanding a strong subjective case including substantial rehabilitation. The case illustrates the limits of ICOs for serious violent offences. Campbell J's dissent provides a detailed analysis of the principles governing ICOs and the instinctive synthesis approach, and articulates the view that rehabilitation as an object of sentencing applies equally to persons of good character who lapse into wrongdoing.
The full text is available to signed-in members, including the 10 later cases that cite this judgment.
3 of the 10 citing cases carry a classified treatment. How each court treated it is available to signed-in members.