Penalties and sentences in NSW
Penalties and sentences in NSW
When you’re charged with an offence, your lawyer should outline what the maximum penalty is applicable to your matter. Kingston Fox Lawyers provide the information you need below.
The maximum penalty however, is just one factor in the overall sentencing process. There are many different penalties and sentences that magistrates and judges in NSW can impose, and the ultimate outcome depends on a lot of different factors including, what kind of offence the court is sentencing for, the particular circumstances of the matter, and the personal circumstances of the person before the court.
Want to find out more about what penalties might apply in your matter? Get in Contact with us.
Types of penalties in NSW
In order of increasing severity, the sentences or penalties that can be imposed in NSW are:
Non-conviction dismissal (or “section 10” dismissal)
Conditional Release Order without conviction
Conviction with no further penalty
Fine
Conditional Release Order with conviction
Community Corrections Order
Intensive Correction Order
Full time custody
Let’s take a closer look at each one.
Section 10 Dismissal
A “section 10” is where a court finds a person guilty but dismisses the charge without penalty. The courts have a discretion to not convict a person and if this happens, it means that there is no criminal conviction, no loss of licence or demerit points (if it’s a traffic matter) and no other penalty.
Generally speaking, it is quite rare for the courts to make an order under section 10(1)(a) (which means, dismissing the charge). This is particularly so after changes in sentencing legislation in 2018. When considering whether to dismiss the charge pursuant to section 10, the court needs to take into account:
The person’s character, antecedents, age, health and mental condition
the trivial nature of the offence
if there were extenuating circumstances present when the offence was committed
any other matter that the court thinks is proper to consider.
Conditional Release Order without conviction
It is more common for courts, when they are considering whether or not to impose a conviction, to consider a Conditional Release Order (CRO) without a conviction over a straight Section 10 dismissal.
CROs replaced good behaviour bonds in September 2018. The intention of the Parliament when the legislation was changed was that CROs would be for the “lowest level of offending”.
The CRO has standard conditions that are ordered in all matters, which are:
Not to commit any offence
To attend court if called upon to do so during the term of the order.
A person would usually only be called to attend court if there was a breach of any of the conditions of the CRO (for instance, if the person committed another offence).
The court also has the power to impose other conditions which could include things like:
Not to drink alcohol or take illicit drugs
Participate in a rehabilitation program
Not associate with particular people
Not attend certain places
Be supervised by Community Corrections.
The standard conditions must remain in place for the duration of the order but the court can limit the period any other additional condition may apply. The maximum period that a CRO may be imposed for is 2 years.
A CRO cannot include community service work, a curfew, home detention or electronic monitoring.
Read more info about criminal records and whether you need to disclose this outcome.
Fine
The court can impose a fine on a person convicted of an offence. A fine can be imposed by itself, or can be imposed in addition to another penalty, for instance where a person is sentenced to imprisonment, a Intensive Correction Order or a Community Correction Order. A fine cannot be imposed where the court has imposed a CRO (with or without conviction).
Before imposing a fine, the court must consider the person’s means – what this means is that the court has to consider the person’s ability to pay a fine. The fine is payable within 28 days of the court date. Notwithstanding that, after a fine is imposed, it is possible to make an application to the Registry for additional “time to pay”.
Conditional Release Order with conviction
Similarly to above, the court can order a CRO but also record a conviction. In the same way as a CRO without conviction, a CRO with conviction will have the two standard conditions imposed and the court may also impose additional conditions like those above. Likewise, the maximum period that a CRO with conviction can be imposed for is 2 years. The conviction however, will form part of a criminal record. Read more here about convictions.
Community Correction Order
A CCO is a more onerous penalty than a CRO and is an alternative to a sentence of imprisonment – so, an alternative to full time custody or an ICO.
A CCO gives a court more options to tailor a sentence for the individual person. Like the CROs, a CCO has the two standard conditions of:
Not to commit any offence
To appear before the court is called upon to do so during the term of the order.
A court can also impose further additional conditions like those listed above for the CRO and can impose community service work (up to 500 hours) and a curfew. A CCO can be imposed for a period of 3 years.
In order for the court to impose community service, a Sentencing Assessment Report first needs to be order. This report is compiled by Community Corrections and will tell the court, amongst other things, whether the person is suitable for community service.
Intensive Correction Order
An ICO is a sentencing option for a person who has been sentenced to imprisonment for 2 years or less. They are not available for some offences (for instance murder, manslaughter and some sexual offences).
Before a court can impose an ICO, a Sentencing Assessment Report must be requested from Community Corrections. The purpose of the report is to assist the sentencing court in deciding whether an ICO or other sentence, like a CCO is appropriate and if it is, what conditions should be imposed.
The ICO will again have the two standard conditions:
Not to commit any offence
To appear before the court is called upon to do so during the term of the order.
In addition to those two conditions, the court must impose at least one of the following additional conditions:
Home detention
Electronic monitoring
Curfew
Community service (up to 750 hours)
Rehabilitation or treatment condition
Abstention from drugs or alcohol
Non-associate condition
Place restriction.
Full time custody
Full time custody is the serious sentencing option. Before making an order for full time imprisonment, the court must be satisfied, after considering all possible alternatives, that there is no other penalty other than imprisonment that is appropriate in that case.
