The Crimes (Sentencing Procedure) Act 1999 (NSW) is the primary source of sentencing law.
Set by Parliament for each offence (murder = life). Reserved for the "worst case".
Since 2003 — a reference point for an offence of "middle" seriousness. A guidepost, not a floor.
A guideline judgment from the NSW Court of Criminal Appeal sets an indicative approach for a class of case — for consistency & predictability.
Guideline judgment for armed robbery — a benchmark range judges can measure against.
Controversial: consistency vs the loss of judicial discretion.
Michael Jacobs murdered Senior Constable David Rixon (Tamworth, 2012). First test of s 19B — mandatory life for murdering a police officer.
Also: one-punch "assault causing death" — mandatory 8 yrs if intoxicated (ss 25A–25B).
Certainty & consistency · denounces serious crime · answers public demand
Removes discretion · little evidence it deters · "knee-jerk" reaction · risks injustice
A ready-made balancing rights + discretion + law reform discussion.
Specific (this offender) & general (society). Evidence it works is weak.
Deserved, proportionate punishment — not private revenge.
Reform the offender; reduce recidivism.
Remove the ability to reoffend (prison, disqualification).
Deterrence & retribution push the sentence up; rehabilitation pushes it toward a supervised, lighter order.
A good answer shows the court balancing them — and judges whether the balance is just.
Violence/weapon · vulnerable victim · in company/planned · abuse of trust · hate motive
No record · remorse · early guilty plea (up to 25%) · youth · good rehab prospects
A voluntary statement of the harm caused, which the court may consider — but the court still sets the penalty. Rights under the Victims Rights and Support Act 2013 (NSW).
The Crimes (Sentencing Procedure) Amendment (Family Victim Impact Statements) Act 2014 let a family VIS be considered in homicide sentencing.
The offender says they shouldn't have been convicted → acquittal or retrial.
The offender says it was too harsh.
The prosecution says it was too lenient.
The one-punch killing of Thomas Kelly (Kings Cross). On a Crown appeal the CCA found the sentence manifestly inadequate and increased it to 13 yrs 8 mths. Drove the one-punch laws.
NSW abolished good behaviour bonds, suspended sentences & home detention — replaced by the CRO, CCO & ICO.
Don't list the old penalties in an exam. A law reform aimed at rehabilitation & cutting recidivism.
Prison is a last resort. The court sets a total sentence and a non-parole period — the minimum served before the offender is eligible for parole (not automatic release).
Adult Aboriginal offenders; magistrate sits with Elders & community (Criminal Procedure Regulation 2017, Pt 7).
Offender meets victim; take responsibility & repair. Youth conferencing — Wagga Wagga, 1991.
Examples of discretion and rehabilitation over pure punishment.
Security classification (max/medium/min); protective custody for at-risk prisoners (duty of care).
Conditional release after the non-parole period; conditions; State Parole Authority decides.
Kept beyond sentence — serious violent/sexual offenders (Crimes (High Risk Offenders) Act 2006).
Detain to prevent a terrorist act (Terrorism (Police Powers) Act 2002).
Punishing predicted risk vs the presumption of innocence — a live rights debate.