Local Court Bench Book Update 133 published

The following amendments have been made to the Local Court Bench Book:

Specific penalties and orders

The following Acts have been recently amended:

  • Crimes Act 1900 by the Abortion Law Reform Act 2019 No 11 and the Justice Legislation Amendment Act (No 2) 2019 No 20.
  • Crimes (Administration of Sentences) Act 1999 by the Justice Legislation Amendment Act 2019 No 10
  • Point to Point Transport (Taxis and Hire Vehicles) Act 2016 by Justice Legislation Amendment Act 2019 No 10.

[15-000] Commonwealth offences has been revised and updated. The amendments relate to the following areas:

  • dealing with particular indictable offences summarily at [15-060]
  • the discount for a guilty plea at [15-080]
  • fines and breaches of recognizance, Community Correction Order and Intensive Correction Order at [15-100]
  • sentences of imprisonment, particularly in relation to the restriction on the imposition of a sentence of imprisonment for certain minor offences and the ratio of head sentence to non-parole period at [15-100]
  • mental illness, intellectual disability and the features of s 20BQ Crimes Act 1914 at [15-140]
  • sentencing principles in taxation offences at [15-180].

[32-000] Committal proceedings (from 30 April 2018) has been amended at [32-120] to include when a case conference certificate is not required under s 74(5) of the Criminal Procedure Act 1986. The provisions related to explaining aspects of the committal process were changed by the Justice Legislation Amendment Act (No 2) 2019, and these have also been incorporated at [32-040].

[35-000] Inquiries under the Mental Health (Forensic Provisions) Act 1990 has been amended at [35-060] to include reference to Jones v Booth [2019] NSWSC 1066 regarding the use of psychologist’s reports on an application under s 32 of the Mental Health (Forensic Provisions) Act 1990. A new paragraph has been added at [35-170] on s 35 of the Mental Health (Forensic Provisions) Act 1990 which enables a defendant in custody to be transferred to a mental health facility for assessment.

[60-000] Contempt of court includes references at [60-160], [60-180] and [60-200] to the offence of disrespectful behaviour in court.

The Table of Contents has been expanded to include the topics previously contained within the Practical Notes section.

The Table of Cases includes new cases up to Update 133.