SPEAK WITH A HAWKESBURY CRIMINAL LAWYER

A fine is a financial penalty imposed by the court. For many offences, fines are calculated using penalty units, with each unit valued at $110. Depending on the offence, a fine may be the only penalty or issued alongside other punishments.

Unless a specific law sets the amount, the Judge or Magistrate has discretion over the fine. They consider factors such as the offender’s financial situation to determine a reasonable amount that can be paid.

If a person is found guilty, the court can impose various penalties, which depend on the offence, jurisdiction, and individual circumstances. The Judge or Magistrate will assess factors such as the seriousness of the crime, the offender’s history, and any mitigating or aggravating circumstances before deciding on a sentence.

A skilled lawyer plays a critical role in sentencing. It’s not just about presenting character references — understanding case law, sentencing trends, and broader social issues can help influence the outcome. A lawyer with experience in sentencing can present a strong argument for a more favourable penalty by addressing all the key factors the court will consider.

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, sentencing reforms were introduced to improve community-based penalties and reduce reoffending. These changes focused on holding offenders more accountable while giving courts better information at sentencing, such as detailed reports and assessments.

One of the key reforms was the abolition of suspended sentences. There is now a presumption that domestic violence offenders will either receive a community-based penalty or imprisonment, unless there are strong reasons to decide otherwise. The reforms aim to create a more effective sentencing system that prioritises rehabilitation and helps reduce future criminal behaviour.

A CRO, previously known as a Section 10 Dismissal, allows the court to dismiss charges without a conviction if a guilty plea is entered or guilt is proven. It is designed for minor offences or cases where extenuating circumstances justify avoiding formal punishment.

Before granting a CRO, the court considers factors such as the seriousness of the offence, the offender’s history, and whether there is any risk to the community. A CRO may include conditions like avoiding drugs or alcohol, attending rehabilitation programs, or staying away from certain individuals. These orders can last up to two years, and any breach may lead to harsher consequences.

A CCO applies to cases where a fine is insufficient, but prison is unnecessary. It is commonly imposed for mid-range offences, such as property damage, moderate drink driving, or theft.

A CCO typically involves conditions like regular supervision, community service, or curfews, which are set based on the offence and the offender’s circumstances. These orders can last up to three years, providing structured oversight to reduce reoffending. Risk assessments help ensure resources are focused where they are most effective, which may include family engagement for high-risk offenders.

An ICO is a custodial sentence served in the community, rather than in prison. Instead of time behind bars, the offender is supervised by Corrective Services NSW and must comply with strict conditions.

• An ICO can last up to two years and comes with mandatory requirements, such as:
• Good behaviour
• Regular drug testing
• Community service (minimum 32 hours per month)

Participation in rehabilitation programs

Additional restrictions may be imposed depending on the case. The court will only impose an ICO if no other penalty is appropriate and the sentence is under two years. Failing to comply with ICO conditions can lead to warnings, stricter terms, or even imprisonment, with the Parole Authority managing any breaches.

Imprisonment is generally the last resort, reserved for cases where no other penalty is considered appropriate. A prison sentence has long-term consequences, affecting employment, licences, international travel, and even family law matters after release. If facing potential gaol time, it is important to seek legal advice to explore options that may reduce the risk of incarceration.