The document outlines various sentencing options available under the Crimes (Sentencing Procedure) Act 1999 in New South Wales, including penalties without conviction, fines, suspended sentences, good behaviour bonds, community service orders, and home detention. It explains the conditions and maximum durations for these options, emphasizing alternatives to imprisonment and their suitability for offenders, particularly those with rehabilitation needs. Additionally, it discusses asset forfeiture linked to serious offences and the criteria for potential imprisonment as a last resort.

1. TYPES OF PENALTIES

2. No Conviction Recorded
 Section 10 of the Crimes (Sentencing Procedure)
Act 1999 allows a court to find a person guilty with
no conviction recorded.
 There are 3 options available to judges in this
situation:
 Directing that the charge against the person be
dismissed
 Discharging the person on the condition that that
person enter into a good behaviour bond of up to two
years
 Discharging the person on the condition that that
person agrees to participate in an intervention

3. Caution
 Can be issued by police to adults for minor drug
offences, or to young offenders
 Police give a ‘notice of caution’ indicating that a formal
caution will be given on another day between 10 and
21 days after the notice has been issued. This notice
must contain information including the details of the
alleged offence, the details of when and where the
caution will be given, the persons who may be present
when the caution is given, the name of the police
officer who is the contact officer for the caution and
the consequences of failing to attend the giving of the
caution.
 There are no more conditions or further penalties but
offenders can be asked to write an apology to the
victim.

4. Fine / Penalty units
 Monetary penalty; in NSW a penalty unit is
$110
 Fines may be specified in legislation as
punishment for specific actions; eg: Fines Act
1996 NSW, Road Transport Act 2013 No 18
NSW
 Fines can be issued instead of or as well as
other punishment
 R v Rahme (1989) – the defendant was found
guilty of a crime and found to have profited
from it; was sentence to imprisonment AND a

5. Criminal Infringement Notice
 May be issued for 7 different offences
1. Stealing less than $300
2. Offensive language
3. Offensive behaviour
4. Unlawful entry into a boat
5. Unlawful entry into a car
6. Obstructing traffic
7. Obtaining benefit by deception
 May be issued on-the-spot
 Does not result in a criminal record

6. Suspended Sentence
 Reintroduced as a sentencing option in NSW
in April 2000; Section 12 Crimes (Sentencing
Procedure) Act
 Not an alternative to prison, but an alternative
form of imprisonment – a sentence must be
imposed, but then it can be set aside
(suspended)
 Suspended sentences must apply to the
whole (not just part) of a sentence of
imprisonment of up to 2 years.

7. Bond
 Often referred to as Good Behaviour Bond
 An order of the court that requires you to be of
good behaviour for a specified period of time.
 The court will impose conditions that you will
have to obey during the term of the bond. The
maximum length is 5 years.
 Conditions may include:
 Probation Service Supervision
 Counselling
 Residence at a rehabilitation centre

8. Probation
 Similar to a good behaviour bond
 However, a breach of probation will lead to
imprisonment (whereas a breach of Bond will
result in the courts issuing a new sentence for
the original offence)

9. Community Service Order
 Community service orders (CSOs) are set out
in Pt 7 Crimes (Sentencing Procedure)
Act 1999 and Pt 5 Crimes (Administration of
Sentences) Act 1999.
 Instead of imposing a sentence of imprisonment
on an offender, a court may make a community
service order directing the offender to perform
community service work for a specified number of
hours.
 The number of hours specified in a community
service order in relation to an offence must not
exceed 500

10. Home Detention
 “Home detention” means detention in accordance
with Pt 4 Crimes (Administration of Sentences)
Act 1999, while “home detention order” means an
order referred to in s 6: s 3 Crimes (Sentencing
Procedure) Act
 Home detention orders are limited to a maximum
period of 18 months.
 R v Jurisic (1998) - home detention is a
substantially less onerous sentence than
imprisonment within the confines of a prison

11. Periodic Detention
 Since October 2010, Periodic Detention ceased to be
a sentencing option in New South Wales; a new
community sentencing option called “An Intensive
Correction Order” began. Crimes (Sentencing
Procedure) Act 1999
 An Intensive Correction Order is an order of
imprisonment of up to 2 years, where the sentence is
to be served by way of intensive correction in the
community. An Intensive Correction Order occurs
under the strict supervision of the Corrective Services
NSW.
 R v Boughen: R v Cameron (2012) – there must be a
need for rehabilitation of the offender before a Court
can impose an Intensive Correction Order.

12. Forfeiture of assets

There are 3 situations where asset forfeiture can
be ordered:
1. Following conviction of a serious offence
2. Where there has been no conviction
3. Where there has been no charge, but a charge is
expected to be laid within 48 hours.

Assets may be forfeited to one of the following
agencies:
 NSW Director of Public Prosecutions
 NSW Police
 NSW Crime Commission
 Commonwealth Director of Public Prosecutions

13. Imprisonment
 Jail is to be a “last resort”
 A court must be satisfied, having considered all
possible alternatives, that no penalty other than
imprisonment is appropriate.
 The court must determine both minimum and
maximum time to be served; well-behaved
prisoners may be released earlier than the
maximum term set.
 Crimes (Sentencing Procedure) Act 1999 (NSW):
a parole period can up to one third of the
maximum term

14. Diversionary programs
 Often used for people who committed a crime
as a result of a drug, alcohol or gambling
addiction
 If the court feels the person would be less
likely to commit a further offence if they were
“clean”, it might order them to undergo a
treatment program to treat the addiction.

15. Explain why suspended sentences, home
detention and periodic detention are seen
as preferable to full-time prison in some
circumstances.