A complete guide to possible penalties for Criminal Offences including section 10, conditional release orders, community correction orders and intensive correction orders.
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There are a range of penalties for criminal offences which range from non-convictions to jail terms. This range is determined by the maximum penalty for a criminal charge.
The penalty you ultimately receive will depend on a number of factors that the presiding Magistrate or Judge will consider while the seriousness of the offence is a significant factor, it is not the be all and end all.
An accredited specialist in criminal law will be able to minimise the charges and facts by negotiating with police or the DPP. They will also be able to assist you in preparing documents in support of your subjective case and persuasively argue on your behalf in Court.
Magistrates and Judges must take into account the following purposes of sentencing which are set out under Section 3A of the Crimes (Sentencing Procedure) Act 1999:
The court will also take into account your personal circumstances. This is your subjective case. They will also assess any aggravating or mitigating factors pursuant to Section 21A of the Crimes (Sentencing Procedure) Act 1999.
If a plea of guilty is entered at the earliest opportunity, you will receive a 25% discount on your sentence.
The presiding Magistrate or Judge is also required to have regard to the maximum penalty for each offence as set out by legislation. They must also be guided by case law that reflects the appropriate penalty range and the relevant factors to be taken into account.
Under the Crimes (Sentencing Procedure) Act 1999, the following are types of penalties for criminal offences in NSW:
Below is a summary of each penalty. The links above set out a detailed examination of each penalty.
1. Section 10 dismissal
Under Section 10(1)(a) of the Crimes (Sentencing Procedure) Act 1999, the Presiding Judge or Magistrate can dismiss a charge and order that no conviction will be recorded. If a charge is dealt with under this section then it will not appear on a Police check.
2. Conditional Release Order without Conviction
A Conditional Release Order (CRO) without conviction is a good behaviour bond that can be imposed without a criminal conviction being recorded. There is also no other penalty associated with this order. A CRO without conviction can be imposed for up to two years.
A breach of a CRO can be dealt with by either revoking the order, varying the order or taking no action.
3. Section 10A Conviction with No Other Penalty
If you are sentenced pursuant to Section 10A of the Crimes (Sentencing Procedure) Act 1999, then the Court will record a conviction for the charge but there is no other penalty.
4. Fine
A fine is a monetary penalty. Under Division 4 of the Crimes (Sentencing Procedure) Act 1999, a court can impose a fine based on a number of “penalty units”. One penalty unit is equal to $110.
If a fine is imposed, there is also a conviction that is recorded. Legislation sets out the maximum fine that can be imposed for each offence.
Ordinarily, a fine must be paid within 28 days. However, if you need more time to pay the fine then you can make an application to pay the fine by instalments.
A fine is different to a compensation order, which can be imposed to make a defendant repay an amount of money to a victim.
5. Conditional Release Order with Conviction
A Conditional Release Order (CRO) with conviction is a good behaviour bond pursuant to Section 9(1)(a) of the Crimes (Sentencing Procedure) Act 1999.
A CRO has two mandatory conditions, being that you must not commit any further offences, and you must appear at court if required.
It can also include the following additional conditions:
6. Community Correction Order
A Community Corrections Order (CCO) is a good behaviour bond that can include community service pursuant to Section 8 of the Crimes (Sentencing Procedure) Act 1999. A CCO is imposed if the offending is not serious enough to warrant a term of imprisonment, but too serious to be dealt with by way of a CRO or fine.
A CCO has two mandatory conditions, being that you must not commit any further offences, and you must appear at court if required.
It can also include any of the following conditions:
A CCO can be imposed for up to three years. If a CCO is imposed, then a conviction will be recorded. A CCO can be imposed in addition to a fine. However, it cannot be imposed for a fine-only offence.
The benefit of CCOs is that they are a flexible sentence that the court can tailor to reflect the offender’s needs and the nature of the criminality being dealt with.
A breach of a CCO can be dealt with by either revoking the order, varying it or taking no action.
7. Intensive Correction Order
An Intensive Correction Order (ICO) is a form of imprisonment that allows an offender to remain in the community. It is imposed pursuant to Section 7 of the Crimes (Sentencing Procedure) Act 1999.
For a single offence, an ICO can be for a maximum duration of two years, however this can be extended to three years for multiple offences.
If you are sentenced to an ICO, you will be supervised by Community Corrections. If you breach the ICO, Community Corrections and the NSW State Parole Authority will determine whether you will be jailed rather than the Court.
8. Full-Time Imprisonment
A term of imprisonment is can be imposed in NSW based on the maximum penalty for each offence as well as jurisdictional limits for the Local Court.
If you require representation you can contact Astor Legal on (02) 7804 2823 or at info@astorlegal.com.au.
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