SPEAK WITH A CRIMINAL LAWYER

A fine is a monetary penalty. For many offences, fines are calculated based on "penalty units," with each unit valued at $110. Fines may be the sole punishment or may accompany other penalties. Judges, unless directed by statute, have discretion over the amount, considering the offender’s financial means to ensure an appropriate amount is payable.

Once the accused is found guilty, the court has the discretion to impose a range of penalties, which can vary depending on the offence and jurisdiction. The sentence will be determined by the presiding Judge or Magistrate, who will consider factors such as the severity of the crime and the offender’s personal circumstances.

Having a lawyer who understands what the court will consider during sentencing is very important. It’s not just about providing character references — it’s about knowing relevant case law, sentencing trends, and how current social issues may influence the outcome. A skilled lawyer can help present a strong case for a more lenient sentence by addressing all key factors.

Penalties serve multiple purposes: they punish offenders, deter future crimes, protect the community, and foster accountability. Additionally, they rehabilitate offenders, express societal disapproval of the crime, and acknowledge the harm caused to the victims and community.

In September 2018, reforms were introduced to strengthen community-based sentencing, with the aim of reducing re-offending by holding offenders more accountable. The changes focused on providing courts with better information at the time of sentencing, including reports and submissions, to help tailor sentences with appropriate conditions and supervision.

Supervision of offenders who are at risk of re-offending has been shown to reduce crime by addressing the root causes of anti-social behaviour. As part of these reforms, suspended sentences were abolished, and there is now a presumption that domestic violence offenders will either receive a community-based sentence or be imprisoned, unless there are strong reasons not to. These changes aim to create a more effective system that focuses on rehabilitation and reduces future criminal behaviour.

A CRO, formerly known as Section 10 Dismissal, allows a court to dismiss charges without recording a conviction if a guilty plea is entered or guilt is established. It acts as a safeguard that prevents punishment for trivial offences or in extenuating circumstances. Courts consider factors like offence seriousness, community risk, and offender history before granting a CRO, which can include conditions such as abstinence from drugs, participation in programs, or non-association requirements. CROs may last up to two years, during which any breaches could result in more severe consequences.

A CCO suits offences warranting more than a fine but falling short of prison. Typically applied to mid-range crimes like property damage, moderate drink driving, or theft, it involves conditions like supervision, community service, or curfews based on offence nature and offender needs. CCOs, which last up to three years, provide structured support, with risk-assessment tools ensuring resources are directed where most effective, including engagement with family members for high-risk offenders.

An ICO is a custodial sentence of up to two years served in the community under Corrective Services NSW supervision rather than gaol. ICOs carry mandatory conditions, including good behaviour, approved residency, regular drug testing, community service (minimum 32 hours monthly), and participation in rehabilitative programs. Courts may add further requirements as deemed necessary. Before imposing an ICO, the court assesses all alternative penalties, only selecting an ICO if no other punishment suffices and the sentence is under two years. Breaches of ICO conditions lead to corrective action, ranging from warnings to more restrictive conditions, or even gaol time, as managed by the Parole Authority.

Imprisonment is generally a last resort, reserved for cases where other penalties are inadequate. Gaol time carries long-term consequences, affecting employment, licences, travel opportunities, and potentially impacting family law matters even post-release.