Negligent Driving

Sentencing Options NSW

If you plead guilty to an offence, you will be sentenced by a Court. Sentencing options in NSW is governed by the Crimes (Sentencing Procedure) Act 1999. The general sentencing principles for the purposes of sentencing are set out in section 3A. It is as follows;

a)           To ensure that the offender is adequately punished for the offence;

b)           To prevent crime by deterring the offender and other persons from committing similar offences;

c)           To protect the community from the offender;

d)           To promote the rehabilitation of the offender;

e)           To denounce the conduct of the offender; and

f)            To recognise the harm done to the victim of the crime and the community.

There are numerous other factors taken into account by the Court when imposing sentence. 

For most non-complex sentences, our criminal law firm offer fixed fee services.

If you wish to obtain legal advice regarding a sentence, you should contact an experienced criminal defence lawyer at our firm on (02) 7205 5944.

Below is an outline of the types of sentence options of the Court in New South Wales;

Section 10

1.           10(1)(a) – a court may find a person guilty of an offence, not record a conviction and order that the relevant charge be dismissed without penalty; or

2.           10(1)(c) – a court may find a person guilty of an offence, not record a conviction and order that the relevant charge be dismissed on the condition that the person enter into an agreement to participate in an intervention program and to comply with any intervention plan arising out of the program.

Section 10A

Section 10A refers to a section of the Crimes (Sentencing and Procedure) Act which allows a magistrate finds a person guilty of an offence, record a conviction and order that the relevant charge be dismissed without further penalty.

Fines

Certain offences are fine only offences; however other offences will likely carry a possible of a fine as well as other sentencing alternatives. A fine only will usually not result in a criminal record.

Conditional Release Order (CRO) (with or without a conviction)

Conditional Release Order can deal with first time and less serious offences where the offender is unlikely to present a risk to the community.

The benefit of CROs is that the court can impose conditions such as drug and alcohol abstention, programs, non-association requirements or place restrictions where appropriate. CROs can also have a supervision condition. Courts have discretion to impose a conviction on a CRO, if they consider it appropriate.

CROs can be imposed for a period of up to two years. If an Individual commits any further offences while on a CRO, subsequent penalties may be more severe.

Community Correction Order (CCO)

Community Correction Order is used by the Court for offenders for crimes that do not warrant imprisonment or an ICO, but are too serious to be dealt with by a fine or lower penalty.

The benefit of CCOs is that they are a flexible sentence that the court can tailor to reflect the nature of the offender and the offence. The court can select from the range of conditions, such as supervision by Community Corrections Officers, community service work (up to 500 hours) and curfews, to hold offenders to account and reduce their risk of reoffending. CCOs can be imposed for a period of up to three years.

Deferral of sentence for rehabilitation participation, intervention program or other purposes.

The Court may, on application or on its own accord, adjourn any matter for a maximum of 12 months to assess an individual’s capacity for rehabilitation or to enable a rehabilitation or intervention program to occur.

Intensive Correction Order (ICO)

An ICO is a custodial sentence of up two years that the court decides can be served in the community.

Supervision is mandatory. Courts can add conditions to an ICO such as home detention, electronic monitoring, curfews, community service work (up to 750 hours), alcohol/drug bans, place restrictions, or non-association requirements. Offenders may also be required to participate in programs that target the causes of their behaviour.

For more serious breaches, offenders will continue to be referred to the State Parole Authority (SPA) and may be required to serve the remainder of their sentence in custody.

The ICO is the most serious sentence that an offender can serve in the community. ICOs are not available for offenders who have been convicted of murder, manslaughter, sexual assault, any sexual offence against a child, offences involving discharge of a firearm, terrorism offences, breaches of serious crime prevention orders, or breaches of public safety orders.

A domestic violence offender can only be sentenced to an ICO if the court is satisfied that the victim or likely co-residents can be adequately protected. For example, a domestic violence offender is not eligible for an ICO with a home detention condition if they are intending to reside with the victim.

Full Time Imprisonment

The court may impose a full-time custodial sentence.