Nsw sentencing benchbook sentencing commonwealth offenders december 2012. The legal system has investigated alternative responses to addressing indigenous issues in the justice system for some time albeit not on a systematic basis until recently. Judicial commission of new south wales sentencing benchbook sentencing in australia professor mirko bagaric, richard edney. Magistrates court criminal law benchbook supreme court. This guide does not explore the approach applied by the courts to sentencing child offenders, which is subject to different legislation, namely the youth justice act. Queensland sentencing guide 3 about the queensland sentencing guide the queensland sentencing guide explains how queensland courts sentence adults found guilty of an offence. Ms musgrave in the hearing, and relates to guidance on the sentencing of offenders for breach of protection orders in a national family violence benchbook to 1210. The alleged offences occurred in the early hours of the morning of 18 august 1983 in a motel near ayers rock. Apr 07, 2020 judicial commission of new south wales sentencing benchbook sentencing in australia professor mirko bagaric, richard edney. The judicial commission of new south wales is an independent statutory corporation of the new south wales government that provides sentencing information. This bench book provides nsw judicial officers with statistics and information about the. Our strategic plan provides the framework for our operations. Sentencing advocacy in the local court her honour judge sophia beckett.
The judicial commission of nsw publishes the criminal trial courts bench book with. Judicial commission of nsw, sentencing benchbook, 1130 nsw sentencing council, penalties relating to sexual assault offences in new south wales, report 2008 vol. 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. Sentencing information on state offences new south wales queensland victoria tasmania. A survey of magistrates, revealed strong judicial support for the program. Indigenous issues and indigenous sentencing courts australasian. Nsw sentencing council an independent advisory body, the sentencing council advises the attorney general on sentencing matters, and researches and reports on sentencing trends, practices, standard nonparole periods and guideline judgments. Delaware sentencing accountability commission benchbook. Sentencing procedure act 1999 2000 application of the act 2200 purposes of sentencing 3000 penalties that may be imposed 3000 penalties generally.
Section 254 of the crimes act is the offence of using false document and is extracted below. Classification of computer games and images act 1995. People are typically charged with affray if theyve acted violently or threateningly around other people. The nsw judicial commissions sentencing benchbook notes. Delaware sentencing accountability commission benchbook 2014.
The judicial commission of new south wales is an independent statutory corporation of the new south wales government that provides sentencing information and continuing education to and examines complaints made against judicial officers in new south wales, australia the commission is headed by the chief justice of new south wales, presently tom bathurst, and consists of the heads of each of. The law recognises the potential for the cognitive, emotional andor psychological immaturity of a young person to contribute to their breach of the law. The national judicial college of australia njca maintains the commonwealth sentencing database. Generally, illhealth will be a factor tending to mitigate punishment only when it appears that imprisonment will be a greater burden on the offender by reason of his or her state of health, or when there is a. Monograph series judicial commission of new south wales. This means that a person can be charged if they use physical. Guidance for australian judicial officers about their daytoday practice in court is clear about equal treatment being different from the same treatment, as seen in the opening section of the nsw equality before the law bench book judicial commission of nsw 2009. For 23 years, the judicial commission of nsw has been promoting excellence in judicial performance. Nsw sentencing council victims of crime assistance league.
In nsw, affray carries a maximum penalty of 10 years imprisonment. Separate from the sentencing council, the judicial commission of new south wales was established by the judicial officers act 1986 nsw and is part of the judicial branch. 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. However in regina v sharma 2002 54 nswlr 300 the nsw cca held that this part of the reasoning in cameron did not apply because of the existence of s. A person can be charged with affray if they use or threaten to use unlawful violence towards another person. Sentencing manual new edition judicial college victoria. In its criminal jurisdiction, the court may deal with all criminal offences except murder, treason and piracy. This bench book was produced by the judicial commission of nsw at the request of chief justice spigelman. In r v hemsley 2004 nswcca 228 at 33 36 sperling j detailed four.
Judicial commission of nsw, equality before the law. Adult court bench book august 2017 sentencing council. The district court is the intermediate court in the states judicial hierarchy. Sentencing criminal law survival kit australia nsw. The judicial commission sentencing benchbook says at 10450. The impact of completing merit on your sentence is ultimately at the discretion of the magistrate. The first sentence under the heading allocation has been deleted. Specific considerations australasian institute of judicial. In addition, the judges of the court preside over a range of tribunals. Further information about the commission s complaints process is available on the judicial commission s website. Application by attorney general under s 37 of the crimes sentencin g procedure act for a guideline.
The judicial sentencing discretion is also affected by the recent decision of the new south wales court of criminal appeal to issue its first formal guideline judgment. Applying to have accounts passed and applying for commission. It is a virus presenting with symptoms including fever, a sore throat and respiratory issues2. The judicial commission of new south wales is an independent statutory corporation of the new south wales government that provides sentencing information and continuing education to and examines complaints made against judicial officers in new south wales, australia. Issues taken into account in sentencing for information on the main issues that judges and magistrates take into account when sentencing an offender, see judge for yourself. Sentencing is a difficult process because of the many factors that judicial officers are required to take into account to determine the appropriate sentence. His honour has also been a member of legal bodies including the standing advisory committee on judicial education, the judicial commissions civil trials benchbook committee and the uniform civil procedure rules committee. The judicial commission of nsw welcomes your feedback. If you wish to contact us, please call 02 9299 4421 and follow. The respondent had driven a road train, consisting of a prime mover and three trailers, to ayers. Chief executive judicial commission of new south wales gpo box 3634 sydney, nsw 2001 dx 886 sydney. Judicial officer contact details nsw supreme court judicial officer contact details nsw district court. It was written by anthea lowe of anthea lowe and associates under the guidance of an advisory committee of the judicial commission of nsw.
Sentencing guideline judgments high range pca application by attorney general under s 37 of the crimes sentencin g procedure act for a guideline judgment concerning the offence of high range prescribed content of alcohol under section 94 of the road transport safety and traffic management act 1999 no. Judicial officer contact details nsw district court judicial officer contact details nsw supreme court judicial officer contact details land and environment court. The kind permission of the judicial commission of nsw, to reproduce substantial portions of its publication on this topic in that commissions sentencing bench book, is acknowledged. Sentencing australasian institute of judicial administration. Local court bench book nsw judicial commission link to nsw judicial. Deputy chief magistrate obrien holds bachelors of laws and arts degrees from the university of sydney. Judicial commission of nsw, sentencing benchbook, 1130 nsw sentencing council, penalties relating to sexual assault offences in new south wales, report 2008 vol 1 recommendations 38 and 39. The judicial commission of nsw, an independent statutory corporation, is part of the judicial arm of government. The scientific understanding of brain development is reflected in sentencing principles for young offenders. The crimes sentencing procedure act 1999 nsw contains a scheme for guideline judgments in sections 3642a.
The commission also has an educative role and issues bulletins to judicial officers to keep them informed about a range of issues. Inquiry into migrant settlement outcomes legal aid nsw. Judicial commission of new south wales indigenous justice. Sentencing bench book judicial commission of new south wales.
Chief executive judicial commission of new south wales gpo box 3634 sydney, nsw 2001 dx 886 sydneyphone. It would make nonsense to say that the common purpose included the commission of the act in the case of the principal in the second degree but that the same common purpose did not include the commission of the same act in the case of. Consistency in sentencing aims for uniformity of approach, so that like cases are treated in a like manner through the consistent application of settled principles. Illinois street, suite 800 indianapolis, in 46204 view map and driving directions. The commission thanks all the members of the original 2005 equality before. Sr v mak 2006 167 cited judicial commission of new south wales 2019 sentencing bench book.
Sign in 8,2,0,1 judicial commission of new south wales. Thomson reuters professional australia limited, 20. The sentencing council have published a revised allocation guideline, effective from 1 march 2016. Sentencing in criminal cases local court of new south wales. 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.
Civil cases can be settled in a number of ways, including through court civil judgments and enforcement orders. 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. Criminal trial courts bench bookupdate 61 2august 2019. In line with nsw government policy, this office is currently closed to the public. Criminal trial courts bench book judicial commission of. For example, the australasian institute of judicial administration commissioned the development of a special model benchbook for the judiciary dealing with these very issues. 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. Judicial commission of nsw sentencing bench book custodial and noncustodial communitybased orders clare ringland and don weatherburn, the impact of intensive correction orders on reoffending nsw bureau of crime statistics and research, december 20. The establishment of an environmental crime sentencing database. Reckless indifference murder the australian case of r v crabbe 3 provides as good example of facts involved in reckless indifference murder, and explains the law. The changes aim to make the community safer by holding offenders to account and reducing reoffending. Applying for a grant of administration with the will annexed. This reform builds on recommendations of the 20 nsw law reform commission sentencing report and will help deliver tough and smart justice for safer communities. Specific considerations aboriginal and torres strait.
Criminal procedure act 1986 sect 166 certification and transfer of back up and related offences 166 certification and transfer of back up and related offences 1 on committal for trial or sentence of a person charged with an indictable offence. Before starting any court proceedings you should check which court or tribunal is right for your matter. It is a trial court and has an appellate jurisdiction. Amendment may 2016 the initial details cpr rule reference has been corrected. Australian institute of criminology sentencing resources. Publications national judicial college of australia csd. Since then, a large range of problemsolving courts have been established, including community courts, drug courts, domestic violence courts, dwi driving whilst intoxicated courts, mental health courts, tribal drug courts and courts dealing with the substance abuse. These include sentencing trends and discrimination of various kinds. It was established by the judicial officers act 1986. Childrens court child protection proceedings benchbook pdf, 1. The judicial commission, an independent statutory corporation, is part of the judicial arm of government.