Where a cogent argument for an intensive correction order is advanced by counsel at a sentence hearing, the sentencing judge is obliged to engage with that submission and consider the requirements of s 66 of the Crimes (Sentencing Procedure) Act 1999 (NSW). A failure to address the submission in the remarks on sentence, either expressly or inferentially, constitutes appealable error. This obligation applies equally to federal offences where an ICO is available under s 20AB of the Crimes Act 1914 (Cth).
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