Update 60 amends the Bench Book to update and revise various chapters, and incorporate recent case law and legislative developments. The following chapters have been revised:
Intensive correction orders (ICOs) (alternative to full-time imprisonment)
- [3-660] Pronouncement of ICO by court, terms and commencement to add reference to AM v R [2024] NSWCCA 26 regarding there being some debate as to whether pre-sentence custody can be considered in setting the length of an ICO.
Fines
- [6-160] Fines for Commonwealth offences has been updated to reflect the increase in the value of one penalty unit from $313 to $330 from 7 November 2024.
Standard non-parole period offences — Pt 4 Div 1A
- [7-950] Fixed terms and aggregate sentences to add reference to DPP (NSW) v Wolinski [2024] NSWCCA 139 regarding the statutory obligation to specify a non-parole period when indicating a sentence for a standard non-parole period offence (as part of an aggregate sentence).
Objective factors at common law
- [10-000] Maximum penalty to add reference to Rowland v R [2024] NSWCCA 187 as an example of a case where the absence of a reference to a maximum penalty in the sentencing remarks did not mean error was occasioned.
Subjective matters
- [10-500] Hardship of custody to update commentary regarding taking hardship suffered by an offender in protective custody into account. References have been added to cases including: Zahab v R [2021] NSWCCA 7 and BR v R [2021] NSWCCA 279.
Section 21A factors “in addition to” any Act or rule of law
- [11-170] Section 21A(2)(l) — the victim was vulnerable to add reference to Du Plessis v R [2024] NSWCCA 164 regarding the relevance of vulnerability of the victim arising from the circumstances of the offence as relevant to the objective seriousness of the offence.
Court to take other matters into account (including pre-sentence custody)
- The chapter at [12-500]ff has been extensively revised in relation to pre-sentence custody considerations for a sentencing court in determining custodial and non-custodial penalties. References have been added to cases including:
- AM v R [2024] NSWCCA 26
- Dib v R [2023] NSWCCA 243
- Huynh v R [2024] NSWCCA 61
- Kljaic v R [2023] NSWCCA 225
- Lupica v R [2024] NSWCCA 111
- Marai v R [2023] NSWCCA 224
- Marshall v R [2024] NSWCCA 194
- McMillan v R [2024] NSWCCA 83
- R v Butler [2024] NSWCCA 133
- R v Rose [2024] NSWCCA 193
- Taha v R [2022] NSWCCA 46
Commonwealth child sex offences
- The chapter at [17-700]ff has been updated throughout to add cross-references to the Criminal Trial Courts Bench Book at [5-1300] for a table of NSW and Commonwealth sexual offence provisions which includes the time period the provision was in force, the maximum penalty, and the standard non-parole period (if applicable).
Offences against justice/in public office
- The chapter at [20-155]ff has been extensively revised in relation to common law contempt of court and disrespectful behaviour in court. References have been added to cases including: Prothonatory of the Supreme Court of NSW v Patrick (a pseudonym) [2023] NSWSC 1077; In the matter of KL [2024] NSWSC 1334; and Council of NSW Bar Association v Rollinson (No 2) [2023] NSWSC 1390.