If you plead guilty or if you are found guilty of an offence, the Court has a number of sentencing options available. Sentencing options the Court may impose are as follows:
A Section 10 refers to a section of the Crimes (Sentencing and Procedure) Act which allows a court to make is finding of guilt, however not record a conviction. A Section 10 dismissal may be a dismissal of the offence without any conditions, or the Magistrate may wish to dismiss the offence on the provision that you enter into a good behaviour bond or commence a rehabilitation course.
Certain offences are fine only offences; however other offences will likely carry a possible of a fine as well as other sentencing alternatives. Fines will be adjusted based on your income and also the criminality of the offence.
Good Behaviour Bond
A good behaviour bond imposes restrictions upon your behaviour for the length bond. The maximum duration of a good behaviour bond is five years. The Court may impose conditions upon the bond, such as attendance upon Community Corrections or undertaking rehabilitation course such as drug and alcohol counselling. If you breach your good behaviour bond, you will be called up to be re-sentenced.
Deferral of sentence for rehabilitation participation, intervention program or other purposes
The Court may, on application or on its own accord, adjourn any matter for a maximum of 12 months to assess your capacity for rehabilitation or to enable a rehabilitation or intervention program to occur.
Community Service Order
A Community Service Order requires you to undertake work in the community as a means of punishment. Community Service Orders require participants to be deemed suitable by Community Corrections prior to the Order being made. The maximum number of hours that the Court may impose community service work is 500 hours. During this period, you will be supervised by Community Corrections. If you breach a Community Service Order, you will be called up to again appear before the court and may be re-sentenced for the original offence.
A suspended sentence is a sentence of imprisonment that is suspended upon your entering into a bond to be of good behaviour to serve such sentence of imprisonment within the community. A suspended sentence will only be imposed when a Magistrate finds that a sentence of imprisonment is appropriate and if the term of imprisonment is two years or less. If you breach a suspended sentence, you will be called up to again appear before the court and may be re-sentenced for the original offence.
Intensive Correctional Orders
From 1 October 2010, periodic detention ceased as a sentencing option within NSW and Intensive Correctional Orders were made available for sentencing Magistrates. An Intensive Correctional Order is an Order of imprisonment for not more than two years which directs that the convicted person serve such imprisonment within the community. An Intensive Correctional Order requires strict supervision by Corrective Services NSW and imposes both mandatory and additional restrictions upon a person’s movements and behaviour during the course of the Intensive Correctional Order.
Gaol / Jail (Imprisonment)
If the above-mentioned penalties are not appropriate and there are no other alternative sentences that the Court can impose, the Court will sentence an offender to is a period of gaol. Each offence has limits of the length of imprisonment that the court can impose.