Sentencing

There are many trends in sentencing relevant to those without the experience in the courtroom. Local Court sentences are matters best described as volume processing. There are hundreds of matters before list Magistrates everyday that need to be dealt with in a 5 hour period. Although matters frequently result in custodial penalties there is room to appeal to the District Court where a more considered approach applies.

The District and Supreme Courts deal with serious matters referred to as indictable or strictly indictable. The penalties for these offences attract a high percentage of gaol sentences. The ratio of non parole and parole then become as critical as the overall sentence. The Crimes Sentencing Procedure Act lists the various punishments that can be imposed. We have listed the penalties in order of severity:

Dismissal. Section 10 non conviction order.
Dismissal with bond. Section 10A non conviction order.
Fine and conviction. Division 4.
Good behaviour bond and conviction. Section 9.
Griffith's Remand deferred sentence. Section 11.
Community Service Order. Section 13.
Periodic Detention. Section 6.
Suspended Sentence . Section 12.
Home Detention. Section 7.
Imprisonment. Section 5.

These penalties are in addition to periods of disqualification in driving maters and orders for compensation. There may also be a combination of penalties such as fines, disqualification and gaol terms.

Weekend gaol or Periodic Detention (PD) for drink drivers is a commonplace penalty in the Local Court. Community service is a direct alternative to gaol if the offender is eligible and the offence not serious. Good behaviour bonds apply for those matters at the lowest end of the scale.

Suspended Sentences and Home Detention are often dispensed to those who are given one last chance before facing full time custody. The District Court also applies the same penalties as the Local Court but deal with more serious cases that usually attract gaol terms. However, the volume of matters attracting the non custodial sentences occurs into the Local Court.

The independence of the judiciary has come under scrutiny over the last decade in particular. The government has limited that independence. The NSW government has adopted a policy of fettering or limiting Judicial discretion not only though the enactment of charges and penalties but also through Guideline Judgments and Standard Non Parole Periods.

Also refer to our sections on S.N.P.P. and Guidelines.