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Criminal Law » Sentencing

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Once a person is found guilty of an offence in NSW, the Court then considers the appropriate sentence. The options available to a court range from not recording a conviction through to sentencing an offender to a period of full-time imprisonment.

Sentencing for Commonwealth or Federal offences involves different sentencing options and considerations compared to state sentencing. If you have been charged with a Commonwealth offence, it is important you understand the differences so you can make informed decisions. After a person has been found guilty of a Commonwealth offence, a court can impose any one… Read more »

This sentencing option involves the court convicting the offender, however without imposing a period of imprisonment or a fine, discharging the person on a Conditional Release Order. A Conditional Release Order (CRO) will generally be imposed with a conviction, however the court does have a discretion to impose a CRO without recording a conviction. A… Read more »

This sentencing option involves the court convicting the offender, however without imposing a period of imprisonment, the court will make a Community Corrections Order (CCO). A CCO can be imposed in addition to a fine.  A CCO will commence on the date on which it is made, and can be imposed for a period of… Read more »

This sentencing option involves the court convicting the offender and sentencing the offender to a period of imprisonment, however that period of imprisonment is served by way of an Intensive Corrections Order. An Intensive Corrections Order (ICO) therefore involves an offender serving their sentence of imprisonment in the community. If a person has only one… Read more »

The law provides that a sentence of gaol is only to be imposed if the court is satisfied that no other penalty is appropriate. Prior to sentencing a person to gaol the court will consider whether there were any alternatives that were appropriate, such as an intensive correction order, suspended gaol sentence or community service.

Forum Sentencing is a new sentencing option operating at selected NSW Local Courts. It involves bringing together an offender, their victim(s), and other people affected by a crime at a ‘Forum’.

Form 1 Procedure If you have been charged with multiple criminal offences and are intending on entering a plea of guilty to those offences, you may try to negotiate with the prosecution to have some of those offences placed on a Form 1. What is the Form 1 Procedure? The Form 1 procedure is contained… Read more »