Update 62 to the Sentencing Bench Book includes an internal restructure to the chapters within [9-700] Sentencing procedures generally (now [9-100]ff) to accord more broadly with the order of the sentencing process. The new structure for these chapters is as follows:
Sentencing procedures generally
Guilty pleas, disclosure and assistance [9-100]
Objective and subjective factors overview [9-700]
Objective factors [10-000]
Aggravating factors under s 21A(2) [10-100]
Victims and victim impact statements [10-400]
Subjective matters [10-600]
Mitigating factors under s 21A(3) [11-000]
Moral culpability [11-500]
Other relevant provisions [11-700]
Sentencing following a retrial [12-000]
Parity [12-500]
Taking further offences into account (Form 1 offences) [13-100]
Sentencing guidelines [13-600]
Correction and adjustment of sentences [13-900]
The following chapters have been revised or restructured:
Penalties generally
- The chapter at [3-000] Penalties generally has been removed.
Counting pre-sentence custody
- The chapter Court to take other matters into account (including pre-sentence custody) (previously at [12-500]) has been moved to [7-700]ff and renamed Counting pre-sentence custody.
Sentencing following a retrial
- The chapter at [12-000]ff (previously at [10-700]) has been substantially revised and updated with reference to the following cases added:
- R v White [2023] NSWSC 611
- R v Carbone [2022] NSWSC 373
- R v Lane (No 4) [2018] NSWSC 1898
Car jacking and car rebirthing offences
- The chapter at [20-400]ff has been substantially revised and updated.
Damage by fire and related offences