An intensive correction order is an available sentencing option for offences of drug supply, including where the offending constitutes 'trafficking to a substantial degree', and must be given full, fair and genuine consideration by the sentencing judge. The longstanding 'Clark principle' — that substantial drug trafficking mandates full-time imprisonment absent exceptional circumstances — does not preclude consideration of an ICO. The NSWCCA has signalled that the Clark principle itself may warrant reconsideration as potentially incompatible with judicial sentencing discretion and the statutory sentencing framework.
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