Update 63 amends the Bench Book to update and revise various chapters and incorporate recent case law and legislative developments. The following chapters have been revised:
Setting terms of imprisonment
- [7-545] Rounding sentences to months to add reference to Sampson v R [2025] NSWCCA 25 regarding the application of mandatory discounts under s 25D Crimes (Sentencing Procedure) Act 1999.
Guilty pleas, disclosure and assistance
- [9-150] Guilty plea discounts for offences dealt with on indictment to add reference to Sampson v R [2025] NSWCCA 25 and DS v R [2025] NSWCCA 53 regarding the application of mandatory discounts under s 25D Crimes (Sentencing Procedure) Act 1999.
Aggravating factors under s 21A(2)
- [10-170] Section 21A(2)(b) — the offence involved the actual or threatened use of violence to add reference to Baker v R [2022] NSWCCA 195 regarding what constitutes a threat.
Subjective matters
- [10-660] Mental health or cognitive impairment to add reference to YM v R [2023] NSWCCA 75 regarding the effect of an offender’s mental illness on moral culpability and general deterrence.
Commonwealth terrorism offences
- A new chapter, Commonwealth terrorism offences, has been added at [67-000]ff. This chapter provides detailed commentary in respect of Commonwealth terrorism offences, including specific and general sentencing principles for terrorism offences.