Whether the refusal of conditional release under Art. 86 CP was justified by an unfavorable prognosis.
The refusal was justified because the appellant's behavior, prior convictions, detention conduct, and continued drug use supported an unfavorable prognosis.
Conditional release requires both sufficient service of sentence and no reason to fear further offences. The court found the first judge had broad discretion and had properly relied on repeated offending, prior breach of trust, positive THC test in detention, and the appellant's tendency to shift responsibility.