If you are convicted of a crime, the court will then proceed to imposing a sentence. The sentence a court imposes will depend upon a range of factors including the type and seriousness of the offence.
The main piece of legislation which governs sentencing in New South Wales is the Crimes (Sentencing Procedure) Act 1999. Under this Act, a court may impose an intensive correction order (ICO). Where an ICO is imposed the convicted person may serve their sentence in the community under intensive correction and strict supervision of Community Corrections.
ICO’s are the most serious type of sentence which can be served in the community.
Sentencing is a complex area of criminal law and when being sentenced it is crucial to be defended by an experienced criminal defence lawyer. If you have been charged with or are being sentenced for an offence, call George Sten & Co Criminal Lawyers as soon as possible. We can advise you on the prospects of your matter and defend you in court.
Amendments to the Crimes (Sentencing Procedure) Act 1999
On 24 September 2018 the Crimes (Sentencing Procedure) Act 1999 was amended by the Crimes (Sentencing Procedure) Amendment (Sentencing Options) Act 2017. This amendment repealed and replaced Part 5 (Sentencing procedures for intensive correction orders) which in turn expanded Section 7 of the Crimes (Sentencing Procedure) Act 1999 (Intensive correction orders).
Following this change in the law, if a court is deciding whether to make an intensive correction order, community safety must be the paramount consideration: s 66 Crimes (Sentencing Procedure) Act 1999. In other words, if there is any risk to the safety of the community if an ICO were to be imposed, a court is unlikely to impose an ICO and may instead impose a different sentence such as full time imprisonment.
Further, under s 67 of the Crimes (Sentencing Procedure) Act a court is prevented from imposing an ICO for certain offences, including:
This means a court cannot impose an ICO if you have been found guilty of any of the above.
A prescribed sexual offence is very broadly defined and includes most sexual offences under the Crimes Act 1900 as well as offences under the Customs Act 1901 involving items of child pornography or child abuse material.
Under s 68, a court cannot impose an ICO for an offence if the term of imprisonment imposed for the offence exceeds 2 years. An ICO may be made in respect of an aggregate sentence of imprisonment, however not if the duration of that sentence exceeds 3 years.
If you are convicted of two or more offences, the court may impose two or more ICO’s. The orders cannot be made however if the term of imprisonment of any individual offence exceeds 2 years or the duration of the term of imprisonment imposed for all of the offences exceeds 3 years.
Under s 69, the court will assess the suitability of the offender in determining whether to impose an intensive correction order. The court will have regard to the contents of any assessment report obtained in relation to the offender and evidence from a community corrections officer and any other information before the court which it considers necessary for the purpose of deciding whether to make an ICO.
If a court imposes an ICO, it must at the time of sentencing impose the standard conditions of an ICO: Section 73. The standard conditions of an ICO are that:
In addition to the standard conditions of an ICO, the court must at the time of sentence impose at least one of the additional conditions referred to in subsection (2) of s 73A. The additional condition(s) which may be imposed are:
Under each of these additional conditions there are specific obligations which must be abided by. If a court imposes an ICO with an electronic monitoring condition, the offender must:
If an ICO contains a curfew condition, the offender must remain at the address specified in the condition or by a community corrections officer within the hours specified in the condition (otherwise when faced with immediate danger, e.g fire at the address).
For more information on intensive corrections orders, call George Sten & Co Criminal Lawyers on (02)9261 8640. We are available 24 hours a day and can be contacted on 0412 423 569 outside of business hours.