SPEAK WITH A FAIRFIELD CRIMINAL LAWYER

A fine is a monetary penalty that courts issue for various offences. In many cases, fines are determined based on penalty units, with each unit currently valued at $110. Depending on the nature of the offence, a fine may serve as the sole punishment or be imposed alongside other penalties.

When determining the amount, a Judge or Magistrate considers legal guidelines and the individual’s financial circumstances. If no fixed amount is prescribed by law, the court has discretion to set a fine that is reasonable and proportionate to both the offence and the offender’s ability to pay.

If someone is convicted of an offence, the court can impose a range of penalties depending on the severity of the crime, relevant laws, and the individual’s background. A Judge or Magistrate will evaluate several factors, including the nature of the offence, prior convictions, and any aggravating or mitigating circumstances before handing down a sentence.

A well-prepared legal defence can significantly influence sentencing outcomes. More than just presenting character references, a lawyer can use relevant case law, sentencing trends, and broader legal arguments to advocate for a fairer penalty. Experienced legal representation can help ensure that all relevant factors are considered when determining the final outcome.

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 sentencing reforms were introduced to improve community-based penalties and reduce reoffending rates. The reforms aimed to strengthen accountability while equipping courts with better information for sentencing decisions, including comprehensive reports and risk assessments.

One of the most notable changes was the removal of suspended sentences. For domestic violence cases, the legal framework now presumes that offenders will receive either a community-based sentence or imprisonment unless there are compelling reasons for a different outcome. These reforms aim to make sentencing more effective by focusing on rehabilitation and reducing repeat offences.

A Conditional Release Order (CRO), previously called a Section 10 Dismissal, allows a court to resolve a case without recording a conviction. This option is generally considered for minor offences or when there are exceptional circumstances that warrant avoiding formal penalties.

Before granting a CRO, the court assesses factors such as the nature of the offence, the individual’s criminal record, and whether granting the order poses any risk to the community. A CRO may include conditions such as abstaining from drugs or alcohol, attending rehabilitation programs, or avoiding contact with certain individuals. These orders can last for up to two years, and failing to comply with the conditions can result in more serious consequences.

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

A CCO can include conditions like supervision by community corrections officers, community service, or curfews, with specific terms determined by the offence and the offender’s personal circumstances. These orders can last for up to three years, providing structured oversight aimed at preventing reoffending. Risk assessments help determine how resources should be allocated, which may involve family engagement for offenders identified as high-risk.

An Intensive Correctional Order (ICO) is a custodial sentence that allows an offender to serve their time in the community under strict supervision, rather than in prison. Corrective Services NSW oversees ICOs, and offenders must comply with a set of mandatory conditions.

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 be imposed depending on the circumstances of the case. The court will only issue an ICO if no lesser penalty is considered appropriate and the sentence does not exceed two years. Non-compliance with ICO conditions can result in penalties ranging from warnings and stricter conditions to imprisonment, with the Parole Authority overseeing any breaches.

Prison is typically considered a last resort, used only when no alternative penalty is deemed suitable. A custodial sentence carries significant long-term effects, potentially impacting employment, professional licences, travel opportunities, and even family law matters after release. If you are at risk of imprisonment, obtaining legal advice is critical to identifying alternative sentencing options that may help avoid or reduce the likelihood of serving time.