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Penalties:

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If you intend to plead guilty or are convicted of an offence, the Court will order a penalty. There are a range of penalties available in New South Wales in different forms. The maximum penalties are contained in the various Acts. The court will only issue the maximum penalty in cases which are considered to be among the worst of their kind. In all other instances, the Court has the discretion to reduce the penalty and order the penalty most appropriate.

Below is a list of some of the different penalties, including a short description of when they would apply. If you have been charged with a criminal offence, speak to one of our specialist Criminal Lawyers and they will be able to advise you on the most likely penalty for your charge.

Imprisonment

An imprisonment sentence will mean the defendant will need to serve a period in jail. If imprisonment is ordered, the Court may also impose a parole period - that is, a period where the defendant will be able to leave jail but must report on a regular basis to a police station or other specified place. If the defendant fails to report, an arrest warrant may be issued.

Under the Crimes (Sentencing and Procedure) Act 1999 (NSW), a Court must not impose an imprisonment penalty unless it is satisfied that there is no other appropriate penalty. In applying a penalty of imprisonment, the court will have regard to a range of factors including:

  • Previous cases for similar offences;
  • Sentencing principles;
  • Level of seriousness of the offence; and
  • Criminal history of the defendant.

A penalty of imprisonment will generally be imposed in serious criminal offences like:

  • Murder;
  • Serious fraud;
  • Supply of drugs;
  • Sexual assault; and
  • Serious assaults of violence.

Home Detention

If the court decides a period of imprisonment is necessary for the offence, the defendant may in some cases appropriately apply for the sentence to be served by way of home detention. The defendant will need to be assessed by an officer from probation and parole service to determine whether the defendant is suitable. The suitability factors for which the defendant would need to be assessed include:

  • The defendant’s criminal record;
  • Likelihood of reoffending;
  • Drug use; and
  • Likelihood of committing a serious domestic violence offence.

Home detention is not available for all offences. Some offences to which it is not available for include:

  • Murder;
  • Manslaughter;
  • Sexual assault;
  • A defendant with a serious criminal history;
  • Firearms; and
  • Possession and/or supply of commercial drug quantities.

Home detention sounds like a better alternative to jail however, there are a range of procedures and rules the defendant will need to comply with. The defendant must remain at the approved premises and submit to electronic monitoring. If the defendant is not employed, he or she must undertake community service work and other personal development work. Our Criminal Lawyers can look at whether a home detention sentence may be imposed for your offence.

Community Service Orders

An order for the performance of community service will mean that the defendant will need to undertake a number of hours in community service. The work to be undertaken will depend on the competencies of the defendant and the availability of work in the area. The work will be unpaid. Before making an order for community service, the Court must be satisfied that the defendant is capable of undertaking such an order.

If you breach a community service order, the relevant probation and parole office may inform the Court and you will be required to attend Court again. If the Court finds that you have breached the order, it may order a more severe penalty. It is important if granted a community service order to ensure you comply with the requirements.

Section 10 Dismissal

This is the sentence every offender who intends to enter a plea of guilty, would want to obtain, if possible. A section 10 means that your case is dismissed and no conviction is recorded. In ordering a section 10 dismissal, the Court will have regard to a range of factors including:

  • Whether the defendant is a person of good character;
  • Whether the defendant pleaded guilty at the first available opportunity;
  • The trivial nature of the offence; and
  • Whether this is a first time offence.

There are three ways in which a Court may order a section 10:

  1. The charge be dismissed with no other penalty; or
  2. The charge be dismissed on condition that the defendant enter into a good behaviour bond for a term of up to two (2) years; or
  3. The charge be dismissed provided the defendant agrees to enter into an agreement to participate in an intervention program and to comply with any intervention plan arising out of the program.

Come and speak to one of our Criminal Lawyers to determine whether you may be entitled to a section 10. If a section 10 is ordered, you will have no record of a criminal conviction.

The above penalties are only some of the sentences available in criminal offences. Other penalties may include fines, good behaviour bonds, suspended sentences and many others. If you have been charged with a criminal offence and intend to enter a plea of guilty, you should contact us on (02) 9233 4048 or send us an email at info@navado.com.au to speak to one of our Criminal Lawyers.

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