Page 18 the evidence act 1995 pages 1819 report 79 of the nsw law reform commission pages 1920. How your sentence is decided sentencing armstrong legal. By downloading the pdf version and opening the sentencing bench book you are agreeing. Sentencing bench book judicial commission of new south. This database contains convict indents listing details about convicts being transported to new south wales, australia. Each publication indicates through which date it is current. The criminal benchbook committee writes the criminal benchbook distributed to judges who exercise criminal jurisdiction. Sentencing bench book and equality before the law bench book are published. In nsw, affray carries a maximum penalty of 10 years imprisonment.
New south wales, australia, convict indents, 17881842. Judicial officer contact details nsw district court. Als covid19 generic sentence submissions law society of nsw. If you wish to contact us, please call 02 9299 4421 and follow. People are typically charged with affray if theyve acted violently or threateningly around other people. The text of the sentencing bench book reflects the law as it stands at any given time. Clare ringland and don weatherburn, the impact of intensive correction orders on reoffending nsw bureau of crime statistics and research, december 20. Updates occur regularly for any book affected by recent court or legislative activity. The sentencing bench book contains information prepared and collated by the judicial commission of new south wales the commission. Update 10, 2016 mr hugh donnelly, director, research and sentencing, judicial commission of nsw update 10, 2016 ms pierrette mizzi, manager, research and sentencing, judicial commission of. Judicial commission of nsw, sentencing bench book 2018. These gaol description books are as close as youll get to sitting in a cell with your ancestor.
Before starting any court proceedings you should check which court or tribunal is right for your matter. Sentencing bench book sentencing guidelines 600 introduction 610 the statutory scheme 620 guideline judgments promulgated wong v the queen 2001 207 clr 584 r v whyte 2002 55 nswlr 252 630 use of guideline judgments as a check or sounding board reasons required for departure from guideline judgment. Sentencing laws vary between states and territories see table 1 and 2 below. Preliminaries agreement for use currency foreword introduction disclaimer special bulletins procedural and evidential matters procedural fairness 1200 obligations of the parties 1400 fact finding at sentence 2000 crimes sentencing procedure act 1999 2000 application of the act 2200 purposes of sentencing 3000 penalties that may be imposed. Local court bench book judicial commission of new south. It was established by the judicial officers act 1986. Delaware sentencing accountability commission benchbook 2014 includes relevant legislation of the 147th general assembly.
Making use of the bar book in sentence and section 32. This section provides information to assist in understanding the sentencing process. Sentencing considerations for commonwealth offences. Our strategic plan provides the framework for our operations. Pages 1820 if it is satisfied and if it is proved page 18 criminal proceedings or sentencing proceedings. An article by armstrong legal covering sentencing under nsw criminal law, focusing on how your sentence is decided. Australian federal police barristers bench books childrens court. Crimes sentencing procedure act 1999 nsw purports to exclude a number of. Section 21a factors in addition to any act or rule of law. Lawaccess nsw is a free government telephone service that provides legal information, referrals and in some cases, advice for people who have a legal problem in nsw. C the northern territory has recently implemented mandatory minimum. Nsw recorded crime statistics quarterly update june 2019 boscar. New south wales, australia, criminal court records, 18301945. Delaware sentencing accountability commission benchbook.
Criminal trial courts bench bookupdate 61 2august 2019. The equality before the law bench book is produced as a guideline only and is not intended to lay down or develop any principles of law. This increase is largely due to more shop stealing incidents. To the extent that pt ib of the crimes act 1914 cth specifically or impliedly provides for sentencing considerations which are different from otherwise applicable state and territory sentencing considerations, the crimes act is exclusive. Sentencing bench book judicial commission of new south wales judicial commission of new south wales sydney 2006.
Sentencing bench book 5 september 2019 the text of the sentencing bench book reflects the law as it stands at any given time. Sentencing is a complex process which balances competing community interests, including the need to punish offenders as well as. The judicial commission, an independent statutory corporation, is part of the judicial arm of government. To promote the development of further guideline judgments, the nsw government has indicated it is considering allowing the court to establish guidelines without linking them to individual cases pages 2328.
Circle sentencing in nsw dvd criminal trial courts bench book nsw equality. Lawaccess nsw is a free government telephone service that provides legal information, referrals and in some cases, advice for people who have a legal problem in new south wales. The judicial commission sentencing bench book the bench book 15 says at. New south wales, australia, gaol description and entrance books, 18181930. Sentencing bench book section 21a factors in addition to any act or rule of law 1 section 21a aggravating and mitigating factors 11010 legislative background and purpose of s 21a section 21a1c any other objective or subjective factors.
The crimes sentencing procedure act 1999 nsw contains a scheme for guideline judgments in sections 3642a. Html version best for online viewing pdf version best for printing. A person can be charged with affray if they use or threaten to use unlawful violence towards another person. In line with nsw government policy, this office is currently closed to the public. Jirs the sentencing bench book pages 1618 what is the standard of proof. Sentencing in criminal cases local court of new south wales. Part 5 is headed sentencing procedures for intensive correction orders and applies when. Adult court bench book judicial college 1 january 20 section 1 notes to supplement pronouncement cards sentencing the sentencing council magistrates court sentencing guidelines definitive guideline mcsg introduced sentencing guidelines specifically for. Providing ready access to sentencing law, this publication incorporates many years of. The michigan judicial institute mji publications team is primarily responsible for revising and updating inhouse publications.
The judicial commission of nsw welcomes your feedback. This list of considerations is adapted from the guiding principles for sentencing contraventions of family violence intervention orders prepared by the sentencing advisory council victoria 2009 and recommended by the australian law reform commission and new south wales law reform commission, family violence a national legal. Sentencing bench book judicial commission of new south wales. Sentencing bench book intensive correction orders icos alternative to fulltime imprisonment. Sentencing bench book nsw judicial commission link to nsw judicial. Judicial commission of nsw sentencing bench book custodial and noncustodial communitybased orders. Sentencing guidelines as promulgated by the nsw court of criminal appeal are. Deferred disposition is a form of probation used by municipal and justice courts that can last up to six months.
For information on the main issues that judges and magistrates take into account when sentencing an offender, see sentencing bench book a guide to sentencing in australia published by the judicial commission of australia. Granting deferred disposition is within the courts discretion. Sentencing laws vary between states and territories see table 1 and 2 below where an offence is committed in the context of domestic and family violence and the offence breaches an existing protection order, this is usually considered an aggravating feature for sentencing purposes it is not a mitigating factor see table 2 below. The commission celebrates 20 years of successful operations at a special government house ceremony. The commission does not warrant or represent that the information contained within this publication is free of errors or omissions. Sentencing national domestic and family violence bench book. Contains commentary on five key sentencing statutes and on sentencing law for specific offence categories. Locally in nsw it is an epidemic, which is having a.
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