For Criminal Matters in NSW sentencing options are divided into two main categories: custodial sentences and non-custodial sentences.
1. Custodial sentences:
a. Imprisonment: This is the most severe penalty available and involves the offender being held in a correctional facility for a specified period. The court will consider factors such as the nature and seriousness of the offence, the offender's criminal history, and the need to protect the community in determining the appropriate length of the sentence.
b. Intensive Correction Orders (ICO): An ICO is a custodial sentence served in the community. Offenders must comply with strict conditions, such as supervision, curfews, and participation in rehabilitation programs. This option aims to provide a structured environment that facilitates rehabilitation while still holding offenders accountable for their actions.
2. Non-custodial sentences:
a. Community Correction Orders (CCO): A CCO is a flexible sentencing option that can be tailored to the specific needs of the offender and the offence. It involves supervision, community service, and participation in rehabilitation programs. CCOs are typically imposed for less serious offences and first-time offenders, with the aim of reintegrating the offender into society and addressing the root causes of their criminal behaviour.
b. Conditional Release Orders (CRO): A CRO is a non-custodial sentence that imposes conditions on the offender for a specified period, such as good behaviour bonds or non-association orders. This option is typically used for low-level offences and is designed to deter future offending by imposing consequences for non-compliance. For minor offences, conditional release orders are often made with no criminal conviction recorded and a good behavior bond for 6-12 months.
c. Fines: Monetary penalties can be imposed either as a standalone penalty or in conjunction with other sentencing options. Fines are intended to deter offending by imposing a financial cost on the offender.
d. Restitution and compensation orders: These orders require the offender to compensate victims for the harm caused by their actions. Restitution can involve the return of stolen property, while compensation orders may require the offender to pay a sum of money to the victim.
In certain circumstances, your matter may be suitable for dismissal pursuant to Section 10 of the Crimes (Sentencing Procedure) Act 1999. This means you do not get a fine or a criminal record.
Navigating the complex world of criminal law can be challenging, but with Surge Legal, you can trust our experienced and dedicated team to provide the highest quality legal representation.
We're here to help you every step of the way, from explaining your charges to exploring sentencing options and advocating for the best possible outcome.