A sentencing judge's failure to consider an intensive correction order as an alternative to full-time custody for drug supply offences constitutes a failure to take into account a material consideration under the fourth House v The King category, even where the offence involves drug dealing to a substantial degree. The obligation under s 5(1) of the Crimes (Sentencing Procedure) Act 1999 (NSW) to consider all possible alternatives before imposing imprisonment applies regardless of the nature of the offence, and defence counsel have a practical obligation to raise ICOs at sentencing.
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