Update 66 amends the Bench Book to update and revise various chapters, and incorporate recent case law and legislative developments. The following changes have been made:
Penalties of imprisonment
- The chapter at [3-300] has been revised and updated.
Guilty pleas, disclosure and assistance
- The chapter at [9-100]ff has been substantially revised and updated.
Commonwealth child sex offences
- The chapter at [17-700]ff has been revised and updated, including a restructure of the paragraphs to accord more broadly with the order of the sentencing process, as follows:
Commonwealth child sex offences
Summary of relevant provisions [17-700]
Introduction [17-710]
“Commonwealth child sex offence” and other definitions [17-720]
Objective factors (including relevant s 16A(2) matters) [17-730]
Child abuse material offences — possess, disseminate and transmit [17-740]
Grooming and procuring a child for sexual activity offences [17-750]
General sentencing principles (including relevant s 16A(2) factors) [17-760]
Subjective factors (including relevant s 16A(2) matters) [17-770]
Other sentencing considerations [17-780]
Penalties for some Commonwealth child sex offences [17-790]
Mandatory minimum penalties [17-800]
Table of Commonwealth child sex offences, related provisions and resources [17-850]
Sexual offences against children (NSW)
- [17-530] Child abuse material offences updated by moving commentary regarding offences of possessing and disseminating child abuse material in s 91H(2) of Pt 3, Div 15A of the Crimes Act 1900 to the Commonwealth child sex offences chapter at [17-740] Child abuse material offences — possess, disseminate and transmit (and adding a note in this respect).
- Production of child abuse material: s 91H(2) Crimes Act in [17-530] updated to include additional commentary and cases.
Sentencing procedures for imprisonment
- [8-000] Appendix A: Pt 4 Div 1A Table — standard non-parole periods updated to include Item 1C Murder — where the victim was an intimate partner, within the meaning of the Crimes Act 1900, Part 3, Division 6A, of the offender, incorporating amendments made by the Crimes Legislation Amendment (Domestic Violence and Sexual Offences) Act 2025 to the Crimes (Sentencing Procedure) Act 1999. The amendments commenced on 24 November 2025.
- [8-100] Legislative amendments relevant to the Pt 4 Div 1A Table — standard non-parole periods updated to include Item 1C Murder — where the victim was an intimate partner, within the meaning of the Crimes Act 1900, Part 3, Division 6A, of the offender.
Other relevant provisions
- [11-720] Section 24A — mandatory requirements for supervision of sex offenders and prohibitions against child-related employment to be disregarded in sentencing and [11-740] Section 24C — disqualification of parliamentary pension updated to include additional commentary and legislative references.
Children Criminal Proceedings
- [15-110] Penalties updated to include reference to DPP (NSW) v PD [2025] NSWCA 249 in Control orders and Limits on the imposition of control orders.
Sentencing Commonwealth offenders
- [16-005] Introduction updated to include reference to Allen v The King [2025] VSCA 265 on the fixing of a non-parole period and the making of a recognizance release order.
- [16-025] Section 16A(2) factors updated to include additional commentary and reference to Wei v R [2025] NSWCCA 150 on the s 16A(2) factors if “relevant and known”.
- Customary law or cultural practice: s 16A(2A) in [16-025] updated to include additional commentary, and references to Jan v DPP (Cth) [2025] VSCA 43 and MAB v R [2025] NSWCCA 171.
- [16-040] Sentencing for multiple offences updated to include reference to The King v McGregor [2026] HCA 3 in relation to aggregate sentences.
Offences against justice/in public office
- [20-155] Common law contempt of court – the Refusal to attend on subpoena or give evidence paragraph updated to include reference to Prothonotary of Supreme Court of NSW v Emmanual Majak (aka Emmanuel Deng) [2026] NSWSC 54.