Sentencing reforms: substantial changes to available sentencing orders

By Amanda Jamieson

The Crimes (Sentencing Procedure) Amendment (Sentencing Options) Act 2017 received assent on 24 October 2017 and is awaiting proclamation. The amendments are anticipated to commence later this year. The amendment Act represents a substantive change to the NSW sentencing regime. It builds on a comprehensive report published by the NSW Law Reform Commission in July 2013 titled ‘Sentencing’.

All section numbers referred to in this post in brackets are to provisions of the Crimes (Sentencing Procedure) Act 1999 as amended or inserted by the amendment Act.

The changes in a nutshell

First and foremost, suspended sentences will be abolished. Home detention and community service orders will no longer be available as separate penalties. Bonds (under ss 9, 10(1)(b)) will no longer be available. [Sections 10(1)(a) and 10A will remain].

Intensive corrections orders (ICOs) will be expanded and strengthened and two new sentencing orders will be introduced: Community corrections orders (CCOs) and Conditional release orders (CROs). Each of these sentencing options will carry two ‘standard’ (i.e. mandatory) conditions and may also carry additional and/or further conditions. Continue reading “Sentencing reforms: substantial changes to available sentencing orders”

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Director of Public Prosecutions v Dalgliesh (A Psyuedonym)

By Nicholas Morrisey

In Director of Public Prosecutions v Dalgliesh (A Psyuedonym), the High Court (‘the Court’) unanimously allowed an appeal on sentence from the Victorian Court of Appeal (‘Court of Appeal’). In doing so, the Court again affirmed the desirability of the process of instinctive synthesis and reiterated the importance of individualised justice. No single factor in sentencing is to be afforded supremacy in such a way as to fetter discretion or allow an unjust sentence to stand. The decision also acts as a reminder for practitioners that when considering a plea of guilty, the accused’s expectation of a sentencing outcome will not act as a bar to the fixing of a just sentence. Continue reading “Director of Public Prosecutions v Dalgliesh (A Psyuedonym)”

Blast from the past: foundation cases and their recent application – De Simoni and Nguyen v The Queen

By Seppy Pour

The case of De Simoni is a foundational case dealing with the consideration of aggravating factors in criminal sentencing. It was recently considered in the High Court judgment of Nguyen v The Queen in the context of factors reducing the objective seriousness. Continue reading “Blast from the past: foundation cases and their recent application – De Simoni and Nguyen v The Queen”

Trial of the new NSW Youth Koori court – success?

By Kamani Krishnan

Only a fraction of Australia’s young people, aged ten to seventeen years, are Aboriginal or Torres Strait Islander – just five per cent. Yet, they are in detention and custody at a rate 26 times higher than their Australian peers in the same age group (Figure 1). Continue reading “Trial of the new NSW Youth Koori court – success?”