Sentencing Options

Sentencing Options

Dismissal and conditional discharge,

Pursuant to s10 Crimes Sentencing Procedure Act, the court can find the offence proven but not proceed to conviction. The matter can be dismissed with or without conditions Bond, Pursuant to s9 Crimes Sentencing Procedure Act, the court can impose a good behaviour bond for a period of time. If the bond is breached during the period, it can be called up, and the court can sentence on that matter.

Deferred sentence

Pursuant to s 11 Crimes Sentencing Procedure Act, the court can defer passing sentence for a period of up to 12 months to allow for rehabilitation to take place or an assessment for rehabilitation, or for any other purpose.

Fine

Many criminal offences may carry only a fine or a fine and /or a custodial term. In terms of a fine, the act will prescribe a maximum fine, and the court will determine the amount to be imposed.



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Sentencing Options

Community service order (CSO)

A court can order that a number of hours are served doing community service for a maximum of 500 hours.


Intensive correction order (ICO)

If a court has determined that a full-time custodial sentence needs to be imposed it does not necessarily mean you will be incarcerated in one of New South Wales jails. The court will potentially consider alternatives to being a guest in one of these facilities. If the sentence is not more than two years a Magistrate may order a report to consider the suitability for an ICO. An ICO would result in a person not going to jail but being under the supervision of Corrective Services.


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Sentencing Options

Home detention

Where the total sentence imposed is for 18 Months or less the court can order a report to consider the suitability for home detention. There are many offences that are precluded from being served by way of home detention.


Suspended sentence

Where a sentence of 2 years or less is imposed a court can give consideration to suspending the sentence on the basis that a good behaviour bond is entered into. A breach of the bond could result in the court giving consideration to revoking the suspension of the sentence.


Full-time imprisonment

This will normally involve a period of imprisonment with a non-parole period.


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