The common law and Crimes (Sentencing Procedure) Act 1999 provide that imprisonment is a sanction of last resort. In NSW there are community-based sentences which can be imposed by the Court in appropriate circumstances.
In NSW an offender can be sentenced for an offence in any of the following manner:
- 1. s 10(1)(a) dismissal,
- 2. s 9 Conditional Release Order (with or without conviction),
- 3. s 10A conviction with no other penalty,
- 4. Fine only with conviction,
- 5. s 8 Community Corrections Orders,
- 6. s 7 Intensive Correction Orders,
- 7. Imprisonment.
Non-Conviction Orders
An offender can only receive the benefit of 2 types of non-conviction orders in NSW. They are:
- 1. Section 10(1)(a) dismissal, or
- 2. Section 9 Conditional Release Order without a conviction.
The factors which the Courts will consider are contained in section 10(3) Crimes (Sentencing Procedure) Act 1999 which are summarised as:
- the offender’s character, criminal history, age, health and mental condition,
- the trivial nature of the charge,
- the extenuating circumstances in which the offence was committed,
- any other matter that the Court thinks fit.
It is not necessary that an offender seeking a non-conviction order satisfy all the factors the above, however the Court will consider all the factors when considering a dismissal or non conviction conditional release order.
Our Penrith Criminal Lawyers experience has been that consideration and application of a non-conviction order decreases where the charge is objectively serious. Some offences such as High Range drink driving are considered so serious that non conviction orders are very rarely made by the Courts. Experience also suggests that first offenders in certain circumstances are afforded the benefit of a non-conviction as recording of a conviction can have long lasting legal and social consequences.
Community Correction Orders
Section Crimes (Sentencing Procedure) Act 1999 allows Courts who have convicted an offender to release them on a Community Correction Order instead of a jail sentence.
A Community Correction Order cannot exceed 3 years and can be made with the standard conditions, additional and further conditions. The standard conditions which attach to all Community Correction Orders are:
- 1. a condition that the offender must not commit any offence,
- 2. a condition that the offender must appear before the court if called on to do so at any time during the term of the community correction order.
According to our Penrith Criminal Lawyers, if a Court sentences an offender to a community correction order, it usually also has a condition that they submit to the supervision of a Community Corrections office.
Intensive Correction Orders
It should be noted that while an intensive correction order allows an offender to be in the community, it is a custodial sentence which the Courts orders to be served in the community. 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.
More information on sentencing in NSW can be found here and if you want to discuss your criminal matter with our Penrith Criminal Lawyers, call our office on (02) 8610 3764.
