CRIMINAL DEFENCE LAWYERS

Archive for the ‘sentencing’ Category

Suspended sentences were reintroduced into the New South Wales legal system in 2000, in order to provide judges with more flexibility during the sentencing process. In introducing the bill, then Attorney General of NSW, Robert John Debus stated that “The primary purpose of suspended sentences is to denote the seriousness of the offence and the consequences of re-offending, whilst at the same time providing [offenders] an opportunity, by good behaviour, to avoid the consequences.” Suspended sentences allow judges and magistrates to impose a sentence of imprisonment on a convicted offender to convey the severity of the offence, but at the same time encourage their rehabilitation. Research by the Australian Institute of Criminology found that suspended sentences were an effective method of deterring and denunciating offenders, with offenders on a wholly suspended sentence having lower reconviction rates than those facing  full-time imprisonment or partially suspended sentences. However, the paper also found that the failure to consistently prosecute breaches of suspended sentences reduced their effectiveness at deterrence, as well as potentially undermining the sentencing option’s legitimacy in the eyes of the wider community. Read the rest of this entry »

Introduction

For the vast majority of people, their first exposure to the New South Wales justice system occurs when they are charged with offences that are dealt with at the Local Court. This is because most offences committed each year are summary in nature, and as such are not serious enough to warrant appearances before the District Courts or the Supreme Court. Therefore, it is important that defendants understand the broad range of penalties that are available to Magistrates at the Local Courts, when they sentence someone on the basis of various sentencing principles. The sentencing options available to the Local Courts are either non-custodial or custodial in nature, with the former usually being given preference where possible. Read the rest of this entry »