SENTENCING

In New South Wales, sentencing is governed by the Crimes (Sentencing Procedure) Act 1999 (NSW). The purpose of sentencing someone who has entered a plea of guilty or been found guilty in a court is to ensure that the person is adequately punished for the offence, to prevent crime by deterring the persons and other persons from committing similar offences, to protect the community from the person, to promote the rehabilitation of the person, to make the person accountable for his or her actions, to denounce the conduct of the person and to recognise the harm done to the victim of the crime and the community.

When determining what sentence is appropriate, the courts will consider the person’s character, antecedents (background and current situation), age, health and any mental condition, the nature of the offence, any extenuating circumstances in which the offence was committed and any other matter that the court thinks proper to consider.

Courts have the following sentencing options:

  • dismissal and conditional discharge
  • bond with conditions
  • deferred sentence
  • fine
  • community service order
  • intensive correction order
  • home detention
  • suspended sentence
  • full time custodial imprisonment

Uther Webster & Evans have a number of experienced solicitors who can assist you in preparing for your sentencing hearing. We can help you prepare appropriate character references and documentation which will allow the court to understand your circumstances and reasons for offending. It is our goal, depending on your circumstances and the circumstances of the offence, for your sentence to be at the low end of the range available to the court.