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Possible Penalties for Criminal Offences in New South Wales

Courts in NSW impose sentences based on the seriousness of the offence, the circumstances, and any previous record. Penalties range from non-custodial options to full-time imprisonment.

  1. Dismissal or Conditional Discharge
    The court may dismiss a charge without conviction or record a non-conviction under section 10 of the Crimes (Sentencing Procedure) Act 1999. Conditions can include good behaviour bonds or rehabilitation programs.
  2. Fine
    A monetary penalty ordered by the court. The amount depends on the offence and the offender’s financial capacity. Each penalty unit equals $110 in NSW.
  3. Conditional Release Order (CRO)
    Allows a person to remain in the community under set conditions, such as good behaviour or attending counselling. Breach of conditions may lead to re-sentencing.
  4. Community Correction Order (CCO)
    A non-custodial sentence that may include community service, supervision, or curfews. It is often used for mid-level offences where rehabilitation is suitable.
  5. Intensive Correction Order (ICO)
    An alternative to prison where the sentence is served in the community under strict supervision. Offenders may need to perform community service, attend treatment, or follow electronic monitoring.
  6. Imprisonment
    The most serious penalty. Terms of imprisonment can range from days to life depending on the offence. The court decides whether sentences are served concurrently or cumulatively.
  7. Licence Disqualification or Suspension
    Common in traffic and driving offences. The court can disqualify a driver for a set period or indefinitely, depending on the severity of the offence.
  8. Good Behaviour Bond
    Requires the offender to demonstrate good conduct for a specified period. Breach may result in re-sentencing or activation of a suspended sentence.
  9. Probation or Supervised Order
    Involves regular reporting to a community corrections officer. Aims to support rehabilitation while maintaining community safety.
  10. Compensation or Restitution
    The offender may be ordered to compensate victims for loss, damage, or injury resulting from the offence.
  11. Apprehended Violence Orders (AVOs)
    A civil order issued by the court to protect individuals from harassment, threats, or violence. Breaching an AVO is a criminal offence.
  12. Driving Program or Alcohol Interlock Order
    Applied in drink-driving cases. Offenders may be required to complete a traffic offender program or install an alcohol interlock device before licence reinstatement.
  13. Record of Conviction
    Even when imprisonment is avoided, the court may record a criminal conviction. This can affect employment, travel, and future court outcomes.

FAQs

Yes, the Court understands that one bad incident may not be a true reflection of a person’s true qualities. In some cases, the Court will be minded to not record a conviction.

The team at SCFL have obtained countless no convictions on behalf of clients charged with very serious offences. Whether it is negotiating charges with police, or obtaining relevant documentation in mitigation, we will place you in the best possible position to obtain a section 10 dismissal.

The answer depends on a number of factors including the nature of the charge, your record, and your personal circumstances.

The team at SCFL will obtain extensive evidence on your behalf to reduce your sentence including psychologist reports and character references.

In most cases, it is possible to appeal the decision of the lower court to a higher court.

The team at SCFL are expert appeal lawyers and can help you fix the initial court result.

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