To ensure you are adequately punished for the offence
To deter others from committing the same offence
To protect the community
To recognise the harm done to the victim
To promote rehabilitation
Your specific circumstances including mental health issues, specifics surrounding why you offended
Your criminal history
Any rehabilitative steps you’ve taken to ensure you deter yourself from committing the offence again
There are different types of penalties in NSW based on whether you are charged with a state or commonwealth offence. The penalties include both conviction and non-conviction penalties.
The following penalties apply to state offences:
Section 10(1)(a) Dismissal
This is the most lenient penalty available in NSW
It is a non-conviction penalty which will not recorded as a conviction against your name It is a dismissal of the charges completely
No fines, good behaviour bonds or licence disqualifications apply
Available in both criminal and traffic matters
Conditional Release Order
This is a type of good behaviour bond imposed by the court
It can either come with or without a criminal conviction recorded against your name
If a conditional release order is issued without a conviction, no fines or licence disqualifications apply
Available in both criminal and traffic matters
Fine
A monetary fine imposed by the court to ensure you deter from certain behaviours again
It is recorded as a criminal conviction against your name
It is available in both criminal and traffic matters
Commonly issued in fraud and traffic offences
Community Corrections Order
An order or bond that imposes conditions upon you in the community
Conditions could include rehabilitation and community service
This is recorded as a criminal conviction against your name
Available in both criminal and traffic matters
Intensive Corrections Order
An order or bond which is imposed as an alternative to full-time imprisonment
It is considered a sentence of imprisonment
It is a criminal conviction recorded against your name
You remain in the community subject to conditions
Can also include house arrest
Available in both criminal and traffic matters but not available in prescribed sex offences
Full Time Imprisonment
A sentence of full-time imprisonment
Recorded as a criminal conviction against your name
Can include a non-parole period where you will serve part of your sentence in the community on parole
Can include home detention
Available in both criminal and traffic offences
The penalty you receive will depend on the specific charges and circumstances of your case. It is not always the case that you will receive a full-time imprisonment sentence, regardless of the maximum penalty. Speak with your lawyer who can provide further guidance on how to put yourself in the best possible position to receive a non-conviction penalty when charged with a criminal or traffic offence.
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Commonwealth offences are offences which are committed against:The Criminal Code Act 1995 The Customs Act 1901 The Corporations Act 2001
The following penalties apply to Commonwealth offences:
Non-Conviction Order
A good behaviour bond
The most lenient penalty for Commonwealth Offences
May include conditions of rehabilitation or support
No conviction is recorded against your name
Conditional Release Order With Conviction
A good behaviour bond that has a conviction recorded against your name
May include conditions of rehabilitation or support
Recognisance Release Order
Includes a criminal conviction recorded against your name
A sentence of imprisonment where the court can impose one of the following:
That you be immediately released upon entering into a ‘recognizance’ requiring you to give the court a monetary security as a promise to comply with certain conditions imposed on you; or
That you be released after having served a portion of the total sentence. You can then be released upon entering into a recognizance requiring you to give the court a monetary security as a promise to comply with certain conditions imposed on you.
Community Correction Order
An order or bond that imposes conditions upon you in the community
Conditions could include rehabilitation and community service
This is recorded as a criminal conviction against your name
Intensive Correction Order
Criminal conviction recorded against your name
A sentence of full-time imprisonment
Can include a non-parole period where you will serve part of your sentence in the community on parole
Can include home detention
Reparation/Compensation Order
A monetary fine imposed by the court to compensate for any loss suffered or expense incurred by the victim
Usually imposed in addition to another penalty under Commonwealth Legislation
Can be imposed even if you receive a non-conviction penalty
Full-Time Imprisonment
A sentence of full-time imprisonment
Recorded as a criminal conviction against your name
Can include a non-parole period where you will serve part of your sentence in the community on parole
Can include home detention
The penalty you receive will depend on the specific charges and circumstances of your case. It is not always the case that you will receive a full-time imprisonment sentence, regardless of the maximum penalty. Speak with your lawyer who can provide further guidance on how to put yourself in the best possible position to receive a non-conviction penalty when charged with a criminal or traffic offence.
