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Sentencing Bench Book May 2025 update

Sentencing Bench Book front cover
22 May 2025

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

  • The chapter at [63-000]ff has been substantially revised and updated with reference added to Issa v R [2017] NSWCCA 188 at [63-011] regarding s 195 Crimes Act 1900 (destroy or damage property) and the De Simoni principle.