Sentencing Options in NSW
In New South Wales, imprisonment is a sentence of last resort. The Crimes (Sentencing Procedure) Act 1999 (NSW) and common law principles recognise that community-based alternatives should be considered before full-time custody is imposed.
According to our Penrith Criminal Lawyers, the Court has several sentencing options available depending on the seriousness of the offence and the personal circumstances of the offender.
Sentencing Options Available in NSW
A person convicted of an offence in NSW may be sentenced in one of the following ways:
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Section 10(1)(a) dismissal – a finding of guilt with no conviction or penalty recorded,
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Section 9 Conditional Release Order (CRO) – with or without conviction,
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Section 10A – conviction with no other penalty,
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Fine only – with conviction,
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Section 8 Community Correction Order (CCO),
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Section 7 Intensive Correction Order (ICO),
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Full-time imprisonment.
These options give the Court the flexibility required when sentencing offenders for various offences and backgrounds.
Non-Conviction Orders in NSW
There are only two types of non-conviction orders that an offender may receive in NSW:
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Section 10(1)(a) dismissal, and
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Section 9 CRO without conviction.
The Court will assess whether a non-conviction is appropriate based on section 10(3) Crimes (Sentencing Procedure) Act 1999, which outlines the following key considerations:
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Character, criminal history, age, health, and mental condition of the offender,
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Triviality of the offence,
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Extenuating circumstances,
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Any other relevant factor the Court deems appropriate.
Our criminal lawyers in Penrith note that non-conviction orders are rare in objectively serious offences, such as High Range PCA or acts involving violence. However, first-time offenders in less serious cases may be more likely to receive the benefit of these orders, especially where it would be inexpedient to inflict any punishment (other than nominal punishment).
Community Correction Orders (CCOs)
Under Section 8, the Court may impose a Community Correction Order as an alternative to jail. A CCO can last up to 3 years and typically includes both standard and additional conditions.
Standard conditions include:
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Not committing any further offences,
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Attending court if required.
Additional conditions may include community service, supervision by a Community Corrections officer, curfew, non association conditions, or participation in rehabilitation programs.
According to our Penrith criminal defence lawyers, CCOs are commonly imposed with supervision to minimise any risks to the community.
Intensive Correction Orders (ICOs)
An Intensive Correction Order is a custodial sentence to be served in the community. While more serious than a CCO, it still allows the offender to remain in the community often under strict supervision.
It can be seen as a level of leniency afforded to offenders which do not see them taken to jail immediately and is usually imposed where the offender poses no to little risk to community safety and any such risk can be further reduced by intensive rehabilitation of the offender.
ICOs can include home detention, electronic monitoring, drug/alcohol treatment, and restrictions on movement conditions.
Speak to Our Penrith Criminal Lawyers
If you’re facing criminal charges and want to explore your options, speak to our experienced Criminal Lawyers in Penrith at AMA Legal.
Call us on (02) 8610 3764 to arrange a confidential consultation.
