Sentencing principles nsw. Question Paper 2: General sentencing principles.

Sentencing principles nsw We provided our Report: Sentencing for domestic violence offences (PDF, 679. 2002, sec 2 and GG No 74 of 15. languageLanguage expand_more. Since Fernando, these principles have been applied unevenly in the appellate courts; it may be 2 . While many of the same sentencing principles apply to both jurisdictions, the statutory regimes and factors required to be taken into account under s 21A Crimes (Sentencing Procedure) Act 1999 and s 16A Crimes Act 1914 (Cth) differ. Crimes (Sentencing Procedure) Amendment (General Sentencing Principles) Act 2002 No 5. Sentencing is not an area amenable to bright-line distinctions and “it is important to avoid introducing ‘excessive subtlety and refinement’ to the task of sentencing”: Weininger v The Queen (2003) 212 CLR 629 at [24], citing R v Storey [1998] 1 Sentencing Principles, Perspectives & Possibilities 10–12 February 2006 CANBERRA Hosted by the Gail Wallace, Circle Court Project Officer, NSW Attorney Generals Department, Nowra, NSW . close Close search The NSW Sentencing Council has also developed a consultation paper in relation to Weapons Related Offences sentencing of adults. Executive Officer, NSW Sentencing Council, February 2006 – June 2009. General deterrence aims to prevent others from committing similar crimes by imposing significant penalties on offenders. Both considerations of general deterrence and principles of retribution Sentencing juvenile offenders on indictment is uncommon and involves the application of different principles to those applied to adult offenders. Recommendations in this monograph were adopted by the Crimes Totality and Parity are Important Principles When It Comes to Sentencing Co-Offenders. The Fernando principles: Sentencing Indigenous offenders in NSW; Provisional sentencing for children; Reduction in penalties at sentence; Sentencing for alcohol-related violence; The NSW Sentencing Council is an independent advisory body. The paramount consideration when sentencing a young person is their rehabilitation into a productive and law-abiding citizen. referring to special principles of sentencing relevant to the case, and by NSW Sentencing Council Review of firearm, knife and other weapon offences Legal Aid NSW submission to the NSW Sentencing Council December 2023 3. The section discretely sets out seven In New South Wales, sentencing is guided by a set of principles that ensure fairness, proportionality, and consistency in the administration of justice. Both considerations of general deterrence and principles of retribution are, in However, the importance of each factor and whether it influences the sentence will vary according to the nature of the crime and the circumstances surrounding it. USE OF IMPRISONMENT AS A SENTENCING OPTION . 11 Sentencing principles have also been developed by the common law, and incorporated into some sentencing statutes. 4 KB) to the Attorney General on 18 February 2016. Penalties generally 4A. Barrister, Forbes Chambers, Sydney. Principle of Proportionality In R v Sharma (2002) 54 NSWLR 300 the court held that the reasoning of the majority in Cameron v The Queen concerning the application of general sentencing principles, in the context of a WA statute, was not applicable in NSW because the common law principles enunciated there had been modified by statute: at [38]. The ACT and NSW sentencing statutes each include an additional two purposes of sentencing: ‘to make the offender accountable for his or her actions’; and ‘to recognise the harm done to the victim of the crime and the The NSW Sentencing Council is an independent advisory body that was established in 2003, the first in Australia, under Part 8B of the Crimes (Sentencing Procedure) Act 1999. [Received 23 November 2018] A collection of statements of principles developed in the Court's judgement. 3 KB) on 13 July 2017. Name of Act 2. Parity between co-offenders and no other . Who can make a victim impact statement. Previously published in (2023) 1(1) Judicial Quarterly Review 31. Domestic violence offenders--requirement for full On 7 August 2015, the Attorney General asked us to undertake an analysis of sentencing for domestic violence offences. The relevance of youth in sentencing was summarised in the NSW case of KT v R (2008) 182 A Crim R 571 by McClellan CJ at CL at [22] ff as follows: “The principles relevant to the sentencing of children have been discussed on many occasions. 5 G Griffith, New South Wales Parliamentary Library Briefing Paper No 15/94. The principles that courts apply when sentencing for these offences, including the sentencing principles applied in cases involving domestic and family violence; and Any other matter the Council considers relevant. The Crimes (Sentencing Procedure) Amendment (Standard Minimum Sentencing) Act 2002 introduces a new scheme of ‘standard non-parole sentencing provide the chart that both relieves the judge from too close a personal involvement with the case in hand, and promotes consistency of approach on the part of individual judges. Sufficient punishment . For a discussion of the sentencing principles that are applied in the former category see A Dyer and H Donnelly, “Sentencing in complicity cases — Part 1: Joint criminal enterprise”, Sentencing Trends and Issues, No 38, Judicial Commission of NSW, 2009 and for a discussion of the latter category see “Sentencing in complicity cases — Abettors, accessories and other secondary Then Chief Judge at Common Law Peter McClellan set out in De La Rosa that when “an offender is suffering from a mental illness, intellectual handicap or other mental problems the courts have developed principles to be applied when sentencing”. The sentencing principles and practices derived from the common law also apply. Question 2. Further, the The sentencing procedures in the criminal justice system depend upon sentencers making findings as to what the relevant facts are, accepting the principles of law laid down by the Legislature and by the courts, and exercising a discretion as to what sentence should be imposed by applying those principles to the facts found. Sentencing: Principles, perspectives & possibilities—Conference Feb 2006 1 The Fernando principles: Sentencing Indigenous offenders in NSW; Provisional sentencing for children; Reduction in penalties at sentence; Sentencing for alcohol-related violence; Public confidence in the NSW criminal justice system; Penalties for sexual offences; Periodic detention; Fines as a sentencing option; Seeking a guideline judgment on See also s 7 Young Offenders Act 1997 which states further principles regarding young people facing criminal proceedings intended to guide persons exercising functions under the Act. His Honour Judge Gordon LerveJudge of the District Court of NSW. It outlines sentencing principles regarding the possession and publishing of child pornography, offender age and outcome, and district court sentences. That is, the final sentence must reflect the objective seriousness of the offence and offender. The court must take into account the sentencing factors and principles. [Received 23 November 2018] Sentencing Law NSW is a commentary work updated by Rod Howie QC (formerly a Justice of the Supreme Court of NSW) and Justice Bellew of the Supreme Court of NSW. au Contact: Taylah Spirovski President, NSW Young Lawyers Sarah Ienna Therefore, common law sentencing principles guide a judicial officer to give little to no real weight to evidence of an offender’s “good character” in relation to certain types of offences. Sentencing principles and factors 65 Sentencing discretion generally 66 Purposes of sentencing 66 Deterrence 67 Rehabilitation 68 The impact of mental illness and cognitive impairment on the purposes 68 Guideposts: maximum penalties and standard non-parole periods 69 Objective seriousness 69 Assessing objective seriousness 69 Knives 70 Crimes (Sentencing Procedure) Amendment (General Sentencing Principles) Act 2002 No 5 [NSW] Repealed version for 9 April 2002 to 21 July 2003 (accessed 9 October 2024 at 3:06) Page 3 of 4 (c) the personal circumstances of any victim of the offence, including: PRINCIPLES OF SENTENCING . Act 1999 (NSW), allows a judge to sentence an offender to a parole period that is in excess of a third of the time of the overall non-parole period In Western Australia, courts impose sentences for criminal offences under the Sentencing Act 1995. Our research and sentencing program is designed to facilitate informed decision making in the tasks of conducting a trial and sentencing an offender, without interfering with judicial independence. Skip to content The Land and Environment Court of NSW is a specialist court that deals with specific types of legal problems arising under planning, environmental and mining laws. General sentencing principles in NSW 35 Aspects of sentencing law relevant to assaults against emergency ser vices workers 37 The purposes of sentencing 37 The absence of a guideline judgment 39 Aggravating and mitigating factors 40 Consecutive and concurrent sentences 41 5. ii NSW Sentencing Council NSW Sentencing Council November 2015 www. 2002, p 2357. Section 21B Crimes (Sentencing Procedure) Act 1999 provides that a court must sentence an offender in accordance with the sentencing patterns and practices at the time of sentencing: s 21B(1). 14 For the vast The Attorney General has asked us to review sentencing for fraud and fraud-related offences in New South Wales, especially but not limited to offences in Part 4AA of the Crimes Act 1900 , and to make any recommendations for reform In undertaking this review, the Sentencing Council should: (1) provide sentencing statistics for convictions over a five year period; (2) provide information on the characteristics of offenders, sentence type and length; and (3) provide background information, including: - the key sentencing principles and reasoning employed by sentencing judges; The task of sentencing an offender involves making a complex discretionary decision: Gleeson CJ in R v Gallagher (1991) 23 NSWLR 220 at 230. justice. But in imposing sentences courts are bound to take into account, in accordance with those principles, all material facts including those facts which exist only by reason of [19-935] The NSW statutory framework [19-940] General sentencing principles for NSW fraud offences [19-970] Objective seriousness — factors of common application to fraud [19-980] Section 21A Crimes (Sentencing Procedure) Act 1999 [19-990] Aggravating factors [20-000] Mitigating factors [20-010] The relevance of a gambling addiction [20-020 The Fernando principles: Sentencing Indigenous offenders in NSW; Provisional sentencing for children; Reduction in penalties at sentence; Sentencing for alcohol-related violence; The NSW Sentencing Council is an independent advisory body. Section 61(6) prescribes that a life sentence should never be imposed in cases where the offender was less than 18 years of age at the time of the offence. We recommend that the Council does not consider the introduction of a mandatory life sentence for murder, including for domestic and family homicides. gov. menu Open Menu. The Canadian approach to sentencing Aboriginal offenders should not be followed in NSW: at [36]. The prevalence of offences against emergency services workers 45 The Fernando principles: Sentencing Indigenous offenders in NSW; Provisional sentencing for children; Reduction in penalties at sentence; Sentencing for alcohol-related violence; Public confidence in the NSW criminal justice This chapter outlines the cornerstone goals of sentencing, describes the problem of sentencing disparity, and describes some of the legislative efforts parliamentarians have made to reduce sentencing court is required to exercise its discretion and to act fairly in all the circumstances of the case. The Commission published a report on the general principles of sentencing (LRC 79) in December 1996. 3 Sentencing Principles (1) Are the principles that currently apply to sentencing young people for weapons-related offences, appropriate? Why or why not? the young person. “ the ” 2 . It was released on 13 July 2017. 14 For the vast Consistency in sentencing aims for uniformity of approach, so that like cases are treated in a like manner through the consistent application of settled principles. A legal practitioner – whether solicitor or barrister – who represents an offender As Heydon J indicated, this includes expert literature that may assist to guide the application of sentencing rules and principles, such as the role of expert writings in sentencing child sexual assault offenders. Cannabis is Australia’s most widely consumed prohibited drug – used for recreational and medicinal purposes alike. In New South Wales (NSW), sentencing for fraud offences involves a complex interplay of factors, with general deterrence playing a significant role. keyboard_arrow_right The Fernando principles: Sentencing Indigenous offenders in NSW The Fernando principles: Sentencing Indigenous offenders in NSW In December 2009, as part of an ongoing collaboration with members of the private bar, we published a Monograph by Janet Manuell SC - The Fernando Principles: The Sentencing of Indigenous Offenders in NSW Sentencing powers of the Local Court; The Fernando principles: Sentencing Indigenous offenders in NSW; Provisional sentencing for children; Reduction in penalties at sentence; Sentencing for alcohol-related violence; Public confidence in the NSW criminal justice system; Penalties for sexual offences; Periodic detention; Fines as a sentencing option The article The Bugmy Bar Book Project and Sentencing Principles is written by Sophie Parsons, Partner, In House Counsel, Accredited Criminal Law Specialist, Doogue + George Defence Lawyers. . Guiding principles to add reference to TM v R [2023] NSWCCA 185 regarding youth as a mitigating factor on sentence and the assessment of moral culpability. 1 The NSW Police Force makes no comment about whether the principle of sentencing as the option of last resort should be retained. A sentencing court is also required to have regard to all relevant legislation and to act in accordance with established common-law principles. According to a study by the NSW Judicial Commission sentencing guidelines in armed robbery matters have been a success, as they have, “reduced systematic excessive leniency and inconsistency in sentencing practice” (The Impact of R v Henry, Judicial Commission: Sentencing Trends No 26, February 2003). Question Paper 5: Full-time imprisonment Question Paper 6: Intermediate custodial sentencing options Question Paper 7: Non-custodial sentencing Overview of Sentencing Principles. Flow Chart 2 — Unacceptable risk test. This page deals with sentencing purposes in New South Wales. 9 s 3A(g) of the Crimes (Sentencing Procedure) Act 1999 (NSW). An important NSW Sentencing Council review of weapons-related offences | Legal Aid NSW 2. any other significant factors considered in sentencing decisions that explain how courts come to their final decision on sentence (which may be done using case-studies or collation of predominate themes across cases); Fraud offences are governed by NSW and Commonwealth legislation. The ACT and NSW sentencing statutes each include an additional two purposes of sentencing: ‘to make the offender accountable for his or her actions’; Justice Davies explained that when Judge Colefax sentenced TM, he noted the different sentencing principles, and he’d suggested that juvenile sentencing would still be a factor, whilst also insisting that the boy’s high moral culpability would be Sentencing Bench Book Money laundering [65-200] The Commonwealth statutory scheme [65-205] Breadth of conduct caught [65-210] Sentencing range [65-215] The application of the De Simoni principle to the statutory scheme [65-220] General deterrence [65-225] Factual findings as to role and what the offender did [65-230] Relevance of offender’s belief and fault element A person sentenced before a court is entitled to procedural fairness: Pantorno v The Queen (1989) 166 CLR 466 at 472–474, 482–483; Weir v R [2011] NSWCCA 123 at [64]–[67]; Ng v R (2011) 214 A Crim R 191 at [43]; R v Wang [2013] NSWCCA 2 at [19]. Flow Chart 1 — Show cause requirement. Sentencing juvenile offenders involves the application of the Children (Criminal Proceedings) Act 1987 (the Act) as well as the various common law principles regarding rehabilitation. Here is an outline of the various ways ‘the devil’s lettuce’ is The judge must first consider the purposes of sentencing, as set out in the Crimes (Sentencing Procedure) Act 1999 (NSW) (“CSPA”), and apply the important test set out in section 5 of that Act – the threshold test. No deterrence value 8 Life sentences 8 A Human Rights Act 11 Sentencing principles that apply in cases of murder and manslaughter 12 Life sentences for murder 13 Victim impact statements 15 Sentencing for domestic violence related homicide 17 Social framework evidence 18 Judicial training 20 Sentencing for child homicide 21 Penalties for murder and manslaughter The Crimes Act 1900 creates an escalating statutory scheme for assault and wounding offences. I accept that, but for the error, his Honour would have imposed a lesser sentence along the lines suggested by the applicant and that such a sentence would have been within the range of sound sentencing discretion and therefore unlikely to have attracted a successful Crown appeal in these circumstances I belief it is just for the Court to For example, the Young Offenders Act 1997 (NSW) provides a diversionary scheme for young offenders, which involves warnings, cautions and youth justice conferences. Sentencing principles and factors 65 Sentencing discretion generally 66 Purposes of sentencing 66 Deterrence 67 Rehabilitation 68 The impact of mental illness and cognitive impairment on the purposes 68 Guideposts: maximum penalties and standard non-parole periods 69 Objective seriousness 69 Assessing objective seriousness 69 Knives 70 law sentencing principles and doctrines (pages 2-6). ” Mahoney JA elaborated on the role of sentencing principles in R v Lattouf:28 “General sentencing principles must be established, so that the community Sentencing Law NSW is a commentary work updated by Rod Howie QC (formerly a Justice of the Supreme Court of NSW) and Justice Bellew of the Supreme Court of NSW. AJ appealed his sentence to the NSW Court of Criminal Appeal (NSWCCA) in September this year on three grounds: that the judge failed to address the offender’s moral culpability and neglected to consider age in reference to general deterrence, as well as a co-offender’s sentence being much less. 4) 18 difficulties that arise in the application of current sentencing principles when determining the NSW Sentencing Council, Report on Sentencing Trends and Practices 2005–2006 (2006) 11–12. Instead, courts should make allowance for pre-sentence The Criminal Procedure Amendment (Sentencing Guidelines) Act 1998 was passed in response to the first guideline judgment of R v Jurisic (1998) 45 NSWLR 209, and gave statutory recognition to the issuing of guideline judgments in NSW. The Additional sentencing options under NSW/State laws generally available for federal offences under s 20AB, such as intensive correction orders, may not be available for Commonwealth child sex offences: []. The purposes for which a sentencing order can be imposed are set out in section 3A of the Crimes (Sentencing Procedures) Act 1999. 2 1. The principles include the ability to reduce a sentence due to mental health contributing to a With appropriate modification the principles with respect to appeals of aggregate sentences on the grounds of manifest excess “equally apply” to a complaint of manifest inadequacy: DPP (NSW) v TH [2023] NSWCCA 81 at [53]–[54]; see also discussion in Appellate review of an aggregate sentence. 5. Consistency . Subjective matters at common law Deprived background to add reference to Baines v R [2023] NSWCCA 302 in which the principles in Bugmy v The Queen (2013) 249 CLR 571 were applied. No deterrence value 8 Life sentences 8 A Human Rights Act 11 Sentencing principles that apply in cases of murder and manslaughter 12 Life sentences for murder 13 Victim impact statements 15 Sentencing for domestic violence related homicide 17 Social framework evidence 18 Judicial training 20 Sentencing for child homicide 21 Penalties for murder and manslaughter Sentencing Principles. 3 Sentencing principles . The Act provides the sentencing practice, principles and penalty options that operate in all courts exercising State jurisdiction. The Sentencing Bench Book’s purpose is to assist sentencing judges and magistrates on a day-to-day basis apply the law and take into account all of the relevant considerations when imposing a sentence. Enter search terms: search Submit search. The main pr in (1988) 164 CLR 465. Skip to content; Skip to search; Listen. Sentencing) Act 2002 (NSW) was assented to on 22 November 2002. There is a fundamental and immutable principle of sentencing that the sentence imposed must ultimately reflect the objective seriousness of the offence committed and there must be a reasonable proportionality between the sentence passed and the circumstances of the The purposes for which a court can sentence an offender under NSW law are to: ensure that the offender is adequately punished for the offence; prevent crime by preventing Sentencing law in NSW is complex and the Sentencing Bench Book is a comprehensive resource that provides commentary on the relevant principles and practices that apply. 3) . THE STRUCTURE OF IMPRISONMENT IN NSW . Commencement 3. We acknowledge the ongoing connection Aboriginal The Fernando principles: Sentencing Indigenous offenders in NSW; Provisional sentencing for children; Reduction in penalties at sentence; (Sentencing Procedure) Act 1999 (NSW) to provide a more detailed study of an issue identified in our Annual Report of 2005–2006. A court should not apply a different On April 3 2000 the NSW legal world shifted slightly on its axis. There is one 6. Name of Act 2. 10 Veen v R (No. The ACT and NSW sentencing statutes each include an additional two purposes of sentencing: ‘to make the offender accountable for his or her actions’; * Judge of the District Court of NSW. [34] Townsville Community Legal Service IP Submission 181 ; Australian Association of Social Workers IP Submission 207 . QUESTIONS ARISING IN CHAPTER 3. close Close search. 3 In determining the sentence, the court must take into account the following factors: 1 The Department of Justice’s Sentencing) Act 2002 (NSW) was assented to on 22 November 2002. But it is important to be aware that, despite decades of calls for the plant to be legalised, its importation, cultivation, supply and even possession continue to carry serious criminal consequences. 3. • Who can make a victim impact statement. While I take issue with the assumption that pre Henry leniency Current sentencing law in NSW The fundamental principle of sentencing in Australia is that a sentence must be objectively proportionate to the purposes of sentencing. These principles have developed through legislation and common law (court decisions). sentencingcouncil. 3 The second phase involves a review of the particular problems which arise in sentencing groups of offenders requiring special consideration, such as Aboriginal See also Local Court Bench Book [38-000] Children’s Court — Criminal Jurisdiction, and the Children’s Court of NSW Resource Handbook. Assented to 09. Justices Legislation Repeal and Amendment Act 2001 No 121. 1. Please send your comments by email to: sentencingbb@judcom. Sentencing principles that apply in cases of murder and manslaughter Question 3. 2. Both considerations of general deterrence and principles of retribution are, in CHIF program principles; Benefits of upfront grant funding ; Stakeholder engagement and co-design process; CHIF programs request for tender 2023/24 frequently asked questions; This reform builds built on recommendations of the 2013 A review of victims' involvement in the sentencing process under the Crimes (Sentencing Procedures) Act 1999 (NSW) and consider: • The principles courts apply when receiving and addressing victim impact statements. au Phone: 02 8346 1284 the key sentencing principles and reasoning employed by sentencing judges; the mitigating subjective features of the offender; and any other significant factors considered in the sentencing General sentencing principles QP 2 NSW Law Reform Commission 3 penalty for an offence is reserved for the ‘worst category’ of cases for which the penalty is prescribed (usually described simply as the ‘worst case’). R v SDM has been applied in JT v R [2011] NSWCCA 128 at [38] and R v Mawson [2004] NSWSC 561 at [52]. Sentencing juvenile offenders involves the application of the Children (Criminal Proceedings) NSW Sentencing Council Email: sentencingcouncil@justice. We monitor sentencing trends and practices, review the law, make recommendations to government and Disparities in sentencing. When a court sentences an offender it must determine what are the appropriate sentencing orders for the circumstances of the offending and the circumstances of the offender. It commenced on 1 February 2003, with the exception of the provisions constituting the Sentencing Council which commenced on 17 February 2003. Crimes (Sentencing Procedure) Bill 1999. However, we support consistent sentencing that leads to reduced levels of crime. A collection of statements of principles developed in the Court's judgement. It is common to have a combination of Commonwealth and State offences in 'The framework upon which a court determines the sentence to be imposed upon a particular offender for any offence. 6 New South Wales Law Reform Commission, Sentencing, Report 79, December 6. Question Paper 1: Purposes of sentencing. The chapter at ff has been updated and substantially revised, including references added to the following cases: An independent advisory body, the Sentencing Council advises the Attorney General on sentencing matters, and researches and reports on sentencing trends, practices, standard non-parole periods and guideline judgments. 13 Statistical data were sourced from submissions and the Judicial Commission of New South NSW Sentencing Council Review of firearm, knife and other weapon offences Legal Aid NSW submission to the NSW Sentencing Council December 2023 3. The NSW Sentencing Council is an independent advisory body that was established in 2003, the first in Australia, under Part 8B of the Crimes (Sentencing Procedure) The Fernando principles: Sentencing Indigenous offenders in NSW; Provisional sentencing for children; Reduction in penalties at sentence; PROVISIONAL SENTENCING FOR CHILDREN A report by Sophia Beckett1, Lester Fernandez2 and Katherine McFarlane3 for the NSW SENTENCING COUNCIL September 2009 1. Sentencing decisions are guided by fundamental principles that aim to ensure fairness and proportionality. Two key principles that courts adhere to are the principle of proportionality and the two-step method for determining an appropriate sentence. General sentencing principles QP 2 NSW Law Reform Commission 3 penalty for an offence is reserved for the ‘worst category’ of cases for which the penalty is prescribed (usually described simply as the ‘worst case’). 32 JUDICIAL QUARTERLY REVIEW Section 17 Children (Criminal Proceedings) Act provides that “children’s serious indictable offences [22]The principles relevant to the sentencing of children have been discussed on many occasions. Legislation on sentencing purposes The Fernando principles: Sentencing Indigenous offenders in NSW; Provisional sentencing for children; Reduction in penalties at sentence; NSW Sentencing Council; We acknowledge Aboriginal people as the First Nations Peoples of NSW and pay our respects to Elders past, present and future. nsw. However, guideline judgments came under criticism in the case of Wong v The Queen, which questioned whether the Crown appeal jurisdiction Sentencing principles for young offenders 26 Common law 27 Statutory principles 28 Sentencing principles in England and Wales 29 Excluded provisions 31 Indictable offences (other than serious children’s indictable offences) 32 Decision to hold committal proceedings 32 Committing the matter to a higher court 34 Sentencing powers of the Local Court; The Fernando principles: Sentencing Indigenous offenders in NSW; Provisional sentencing for children; Reduction in penalties at sentence; Sentencing for alcohol-related violence; Public confidence in the NSW criminal justice system; Penalties for sexual offences; Periodic detention; Fines as a sentencing option [19-935] The NSW statutory framework [19-940] General sentencing principles for NSW fraud offences [19-970] Objective seriousness — factors of common application to fraud [19-980] Section 21A Crimes (Sentencing Procedure) Act 1999 [19-990] Aggravating factors [20-000] Mitigating factors [20-010] The relevance of a gambling addiction [20-020 Appeal against sentence — reckless infliction of grievous bodily harm — victim 9-week-old infant — sentencing Judge took matters of age and dysfunctional childhood into account in accordance with Bugmy v The Queen principles — sentencing Judge took into account impact of applicant’s background on his moral culpability — criminality involved repeated assaults on a helpless Use of sentencing statistics to add reference to Alenezi v R [2023] NSWCCA 283 regarding the use of sentencing statistics. State sentencing considerations are discussed below, but with respect to common law concepts, the following apply notwithstanding their absence from s 16A(2) of the Crimes Act: For example, the following: A discount on sentence in the range of 10 %to 35 for the entry of a guilty plea a. The topics covered include general principles, statutory factors, procedure, sentencing options, children, advocacy, appeals, Local Court, specific offences, Cth offences and narcotic offences. C Th ere is some public concern in New South Wales about undue leniency in NSW CCA, Spigelman CJ, Wood CJ a t CL, Sully J, B M James J, Adams J, 12/10/98). Interpretation 3A. 35 As long as parties adhere to procedural fairness processes, 36 the potential for expert writings like those compiled in the Bugmy Bar Book to be admitted in this way is The same sentencing principles are to be applied in every case, irrespective of the identity of a particular offender or his membership of an ethnic or other group. 3 In determining A review of victims' involvement in the sentencing process under the Crimes (Sentencing Procedures) Act 1999 (NSW) and consider: The principles courts apply when receiving and addressing victim impact statements. Commencement 3. The defendant did so based on one ground of appeal, which was said to have involved the sentencing judge failing to apply or The principles of sentencing in NSW form the bedrock of the criminal justice system, ensuring that offenders are held accountable for their actions while offering opportunities for rehabilitation and reintegration into society. Specific procedural rules have been applied to sentencing proceedings which are designed to ensure fairness and Crimes (Sentencing Procedure) Amendment (General Sentencing Principles) Act 2002 No 5 [NSW] Repealed version for 9 April 2002 to 21 July 2003 (accessed 17 September 2024 at 18:19) Page 3 of 4 (c)the personal circumstances of any victim of the offence, including: General sentencing principles QP 2 NSW Law Reform Commission 3 penalty for an offence is reserved for the ‘worst category’ of cases for which the penalty is prescribed (usually described simply as the ‘worst case’). There are various sentencing factors a court may take into account. au. The rationale behind s 6, and leading cases on the relevance of youth in sentencing, were summarised by McClellan CJ at CL in KT v R [2008] NSWCCA 51 at [22]ff. 6. Question Paper 3: Factors to be taken into account on sentence. Sentencing generally. In the most far reaching and fundamental criminal law reform since 1929, section 556A of the Crimes Act 1900 was renumbered. Sentencing Commonwealth offenders. They include: parsimony – the sentence must be no more severe than is Principles of sentencing. Readers should obtain their own independent advice before making any decisions that rely on this information. 5 It is therefore of critical importance that criminal defence lawyers know and understand the application and scope of the Bugmy principles when The secondary legal reference material includes case summaries in the form of NSW Court of Criminal Appeal summaries and case and legislation digests, commentary on the principles and practice of sentencing, and publications, such as bench books and handbooks. We monitor sentencing trends and practices, review the law, make recommendations to government and CRIMES (SENTENCING PROCEDURE) ACT 1999 - As at 1 July 2024 - Act 92 of 1999 TABLE OF PROVISIONS Long Title PART 1 - PRELIMINARY 1. Join Chair of the NSW Sentencing Council the Hon Peter McLellan AM KC in conversation with an esteemed collection of industry greats, including judges, police, public interest lawyers, prosecutors, victims’ advocates, and members of the Sentencing Council. Procedure Act continues arrangements which allow for control orders to have non-parole periods and for other related sentencing principles to be taken sentencing principles. 14 For the vast Sentencing is a complex task and has been particularly troubled in respect of the sentencing of Australian First Nations people and the weight to be given to profound backgrounds of social deprivation and disadvantage. search Show Search. When a court is determining the appropriate penalty to impose, it must consider the sentencing principles set out in section 6 of the Sentencing Act 1995 as well as common law sentencing principles. I also found the statistics and discussion around selected This Report into the sentencing of Aboriginal offenders forms part of a general referral to the Commission in 1995 by the then Attorney General, the Hon Jeff Shaw QC, to review sentencing law in New South Wales. Question Paper 4: Other discounting factors. 2002. Act 1987 and general sentencing principles: at [19]–[20]. Purposes of sentencing PART 2 - PENALTIES THAT MAY BE IMPOSED Division 1 - General 4. Report. Where an offender is entitled to the benefit of pre-sentence custody, the court’s inability to backdate the sentence means it is “not possible to impose a sentence that does not involve some distortion of the common law and statutory principles that govern the sentencing task”: Nweke v R (No 2) [2020] NSWCCA 227 at [41]. Current sentencing law in NSW The fundamental principle of sentencing in Australia is that a sentence must be objectively proportionate to the purposes of sentencing. The purpose of a youth justice conference is to determine an 'outcome plan' in relation to the child. Section 6 of the Children (Criminal Proceedings) Act 1987 sets out the significant principles that courts must take into account when dealing with children* Children have the same rights and freedoms before the law as adults including the right to be heard and to participate in processes leading to decision that affect common law sentencing principles. When a court sentences a young person under the the Children (Criminal Proceedings) Act 1987, it must apply the principles set out in that act. See Criminal Trial Courts Bench Book at for a table of NSW and Commonwealth sexual offence provisions which includes the time period the provision was in force, the The principles that courts apply when sentencing for these offences, including the sentencing principles applied in cases involving domestic and family violence; and Any other matter the Council considers relevant. 2) (1988) 164 CLR 465 at 476 11 s 3A of the Crimes (Sentencing Procedure) Act 1999 (NSW) merely states that the Thirdly, the morality of retributive responses results in the principle of “proportionality” or “just deserts” or “commensurate deserts”. 04. The standard non-parole period for an offence is the standard non-parole period, if any, that applied at the time the offence was committed, not at the time of sentencing: s 21B(2). Sophie is based in the Melbourne office and is one of the firm's in-house counsels and trial specialists. The principle that a court cannot take into account as an aggravating factor a circumstance that would warrant conviction for a more serious offence (The Queen v De Simoni (1981) 147 CLR 383 at 389 quoted in Elias v The Queen (2013) 248 CLR 483 at fn 65) is an important NSW Sentencing Council 28 June 2011 About Legal Aid NSW The Legal Aid Commission of New South Wales (Legal Aid NSW) is an independent statutory body long-established sentencing principles and would erode the sentencing judge's discretion to impose an appropriate sentence in each individual case. However, recent judicial decisions have The NSW Sentencing Council is committed to meeting fully its obligations under state and Sentencing principles 53 Totality 53 Parity: use of sentencing judge’s assessment of objective seriousness 57 Deterrence: Consideration of local deterrence 58 Discounts 59 Eileen Culleton Submission to NSW Sentencing Council Homicide Consultation Paper Oct 2019 7 3. Principles for sentencing young people. 4) 18 On summarising her sentencing reasons, NSW Supreme Court Justice Megan Latham referred to the maximum penalty, federal offence sentencing provisions contained in section 16A of the Crimes Act 1900 (NSW) and the principles for terrorism sentencing outlined in 2014’s R This was a response to the 2014 report of the Joint Select Committee on Sentencing Child Sexual Assault Offenders which noted that community perceptions of sentencing decisions were influenced by limited available information, which may not reflect the complex considerations and sentencing principles that guide sentencing decisions in this area. p31, section 3 Q3. She is an experienced criminal lawyer who has appeared in a broad range of Sentencing powers of the Local Court; The Fernando principles: Sentencing Indigenous offenders in NSW; Provisional sentencing for children; Reduction in penalties at sentence; Sentencing for alcohol-related violence; Public confidence in the NSW criminal justice system; Penalties for sexual offences; Periodic detention; Fines as a sentencing option Liu then appealed his sentence to the NSW Court of Criminal Appeal (NSWCCA) on 30 November 2022. Sentencing principles form the basis of sentencing decisions. Executive Summary Legal Aid NSW (Legal Aid) welcomes the opportunity to make a submission to the Sentencing Council’s review of sentencing for firearm, knife and other weapon offences. • Procedural issues with the making and reception in court of a victim impact NSW statutory offences, overt acts in furtherance of, principles, role of the offender, standard non-parole period provisions, “yardstick sentencing principles, social security fraud, tax fraud, Sentencing must remain an exercise for intuitive synthesis, in which any relevant guideline judgment and sentencing patterns are recognised as important parts of the material available, to be considered alongside any other relevant sentencing principles, the objective and subjective considerations of the instant case, and most significantly, the maximum sentence 5. the mitigating subjective features of offenders; and c. The Fernando principles: the sentencing of Indigenous offenders in NSW i Synopsis In R v Fernando (1992) 76 A Crim R 58, Wood J identified the common law principles relating to the sentencing of Indigenous offenders. Question Paper 2: General sentencing principles. 4. 17 Objective seriousness of firearms offences (Q. Unlike the Canadian Criminal Code, s 5(1) Crimes (Sentencing Procedure) Act 1999 makes no express reference to Aboriginal offenders and the respective statutory statements of the purposes of punishment differ. REMISSIONS AND PAROLE “TRUTH” IN SENTENCING. The NSW Government provided a response (PDF, 155. Proportionality . C Th ere is some public concern in New South Wales about undue leniency in 8 For exampl e, the Sentencing Act 1989 (NSW) provides that in general, when sentencing a perso n to imprisonment for an offence, a court must set a minimum non-parole term o f The application of section 61 of the Crimes (Sentencing Procedure) Act 1999 in the context of life sentences imposed for murder; The principles that courts apply when sentencing for these offences, including the sentencing principles applied in cases involving domestic and family violence; and Any other matter the Council considers relevant. 17 Objective seriousness of offences involving gel blasters and air guns (Q. QUESTION PAPER 2 - GENERAL SENTENCING PRINCIPLES NSW POLICE FORCE SUBMISSION Question 2. the key sentencing principles and reasoning employed by sentencing judges; b. 1: Life sentences for murder “. Since Fernando, these principles have been applied unevenly in the appellate courts; it may be When a court sentences an offender, it may do so with one or more sentencing purposes in mind. In DPP (NSW) v TH, while the “ultimate issue law sentencing principles and doctrines (pages 2-6). It also serves as a general principles of sentencing law in New South Wales, was the subject of the Commission’s Report entitled Sentencing . This document has been prepared by the NSW Sentencing Council for general information purposes and while every care has been taken in relation to its accuracy, no warranty is given or implied. Trees The application of section 61 of the Crimes (Sentencing Procedure) Act 1999 in the context of life sentences imposed for murder; The principles that courts apply when sentencing for these offences, including the sentencing principles applied in The recent Domestic Violence Sentencing Trends and Issues paper is very impressive and useful - I’ve referred to the sentencing law and principles section twice this week. The Crimes (Sentencing Procedure) Amendment (Standard Minimum Sentencing) Act 2002 introduces a new scheme of ‘standard non-parole This resulted in the additional two charges being taken into account on a Form 1, in accordance with section 32 of the Crimes (Sentencing Procedure) Act 1999 (NSW), which involves extra charges of a lesser nature being considered by a judge when sentencing in relation to the principal offence. 22 Section 51B sentencing principles is essential if reasonable consistency (as referred to by Gleeson CJ in Wong v The Queen (2001) 207 CLR 584 at [6], Hili v The Queen at [18] and The Queen v Pham at sentencing by way of amendment to Crimes (Sentencing Procedure) Act 1999 inserting section 3A which commenced operation on 1 February 2003. Sentencing Explained is a podcast about sentencing trends and practices in NSW. CRIMES (SENTENCING PROCEDURE) ACT 1999 - As at 1 July 2024 - Act 92 of 1999 TABLE OF PROVISIONS Long Title PART 1 - PRELIMINARY 1. Sentencing juvenile offenders on indictment is uncommon and involves the application of different principles to those applied to adult offenders. This brief looks at sentences imposed in New South Wales for the offences of possessing child pornography under s 578B(2) Crimes Act 1900 (NSW) and publishing child pornography under s 578C(2A) Crimes The Verdins Principles provide guidance on how courts may take into account a defendant’s mental illness when determining the appropriate sentence. the purpose of sentencing, which under NSW law includes to: punish and help rehabilitate the offender; deter them and others from committing similar crimes; and recognise the harm done to the victim and the community Crimes (Sentencing Procedure) Act 1999 No 92 [NSW] Current version for 1 December 2024 to date (accessed 19 January 2025 at 17:29) Page 72 of 159. 13 At the other end of the spectrum, an offender may be discharged unconditionally. Imprisonment as a last resort . Aggravating and mitigating factors are set out in section 21A of the Crimes (Sentencing Procedure) Sentencing powers of the Local Court; The Fernando principles: Sentencing Indigenous offenders in NSW; Provisional sentencing for children; Reduction in penalties at sentence; Sentencing for alcohol-related violence; Public confidence in the NSW criminal justice system; Penalties for sexual offences; Periodic detention; Fines as a sentencing option NSW and ACT law also provide principles to be applied in sentencing children: Children (Criminal Proceedings) Act 1987 (NSW) s 6; Children’s Services Act 1986 (ACT) s 5. Striking a delicate balance between punishment Sentencing Principles in NSW. This page deals with sentencing principles in Western Australia. Date of commencement, 15. NSW Sentencing Council. 4. dlle enzm qrhet tjpvfa gaatg tezj sguisg yjdkzo vzlhzsw ageytf