SPEAK WITH A BLACKTOWN CRIMINAL LAWYER

A fine is a financial penalty issued for various offences. In many cases, fines are calculated using penalty units, with each unit currently valued at $110. Depending on the offence, a fine may be the only penalty imposed or it may be issued alongside other legal consequences.

When deciding the amount, a Judge or Magistrate considers legal guidelines and the person’s financial situation. If no set amount is specified by law, the court has discretion to determine a fair and proportionate fine based on the seriousness of the offence and the offender’s ability to pay.

Sentencing varies based on the nature of the offence, relevant legislation, and the individual’s background. Courts consider factors such as the severity of the crime, prior convictions, and any aggravating or mitigating circumstances when determining a penalty.

Possible penalties include fines, good behaviour bonds, community-based orders, licence disqualifications, intensive correction orders, or imprisonment. A well-prepared defence can significantly influence the sentence, as legal arguments, case law, and mitigating evidence may persuade the court to impose a more lenient penalty.

Penalties serve several purposes, including:

• Punishing offenders for unlawful conduct.
• Deterring both the individual and the wider community from committing similar offences.
• Protecting the public from further harm.
• Holding offenders accountable for their actions.
• Encouraging rehabilitation to reduce the likelihood of reoffending.
• Recognising the impact of the crime on victims and society.

In September 2018, major reforms were introduced to improve sentencing outcomes and reduce reoffending. Courts now have access to more detailed risk assessments and reports when making sentencing decisions.

A key change was the removal of suspended sentences. For domestic violence cases, the law now assumes offenders will receive a community-based sentence or imprisonment unless there are compelling reasons for an alternative outcome. These changes aim to balance accountability with rehabilitation to improve long-term community safety.

A Conditional Release Order (CRO), previously known as a Section 10 Dismissal, allows a court to finalise a case without recording a conviction. It is generally reserved for minor offences or cases where exceptional circumstances justify avoiding formal penalties.

Before granting a CRO, the court assesses factors such as the seriousness of the offence, the individual’s criminal record, and any potential risk to the community. Conditions may be attached, including participation in rehabilitation programs, abstaining from drugs or alcohol, or avoiding specific individuals. A CRO can last for up to two years, and failure to comply with its conditions can result in stricter penalties.

A Community Corrections Order (CCO) is issued when a fine is not considered appropriate, but imprisonment is unnecessary. It is commonly applied to mid-range offences such as property damage, moderate drink driving, or theft.

A CCO may include conditions such as supervision by community corrections officers, mandatory community service, or curfews. The specific terms depend on the nature of the offence and the offender’s circumstances. These orders can last for up to three years, providing structured oversight to reduce the risk of reoffending. Risk assessments help determine the level of supervision and whether additional support, such as family involvement, is needed for higher-risk offenders.

An Intensive Correction Order (ICO) is a custodial sentence served in the community under strict supervision instead of prison. Overseen by Corrective Services NSW, an ICO comes with mandatory conditions that offenders must follow.

An ICO can be imposed for a maximum of two years and includes requirements such as:

• Good behaviour
• Routine drug and alcohol testing
• Community service (minimum of 32 hours per month)
• Participation in rehabilitation or treatment programs

Additional conditions may apply depending on the case. The court will only impose an ICO if no lesser penalty is appropriate and the sentence does not exceed two years. Failing to comply with ICO conditions can lead to penalties ranging from warnings and stricter requirements to imprisonment, with breaches overseen by the Parole Authority.

Prison is generally a last resort, used only when no alternative penalty is suitable. A custodial sentence can have lasting consequences, affecting employment, professional licences, travel opportunities, and even family law matters after release. If you are at risk of imprisonment, seeking legal advice early is crucial. A lawyer can assess whether alternative sentencing options may be available to reduce or avoid time in custody.