Update 65 amends the Bench Book to update and revise various chapters, and incorporate recent case law and legislative developments. The following changes have been made:
Procedural fairness
- [1-070] Warnings for high risk and terrorism-related offenders updated to include commentary on amended s 6A of the Terrorism (High Risk Offenders) Act 2017 when determining whether the person needs to be advised of the Act’s operation.
Obligations of the parties
- [1-200] The prosecutor updated to include additional commentary on the Crown’s responsibility for presenting the facts on sentence, with reference to Della-Vedova v R [2009] NSWCCA 107.
Application of the Act
- [2-000] Short statutory history updated to provide a new succinct statutory history of the Crimes (Sentencing Procedure) Act 1999.
Non-association and place restriction orders
- The chapter at [6-500]ff has been substantially revised and updated.
Breaches of non-custodial community-based orders
- The chapter at [6-600]ff has been substantially revised and updated.
Mandatory life sentences under s 61
- The chapter at [8-600]ff has been substantially revised and updated, and relevant commentary from the Murder chapter at [30-000]ff has been transferred to the chapter.
Mitigating factors
- [11-110] Section 21A(3)(i) — remorse shown by the offender updated to include Doyle v R [2022] NSWCCA 81 regarding taking into account remorse, separately to the utilitarian value of the plea and a willingness to facilitate the course of justice.
Children Criminal Proceedings
- [15-010] Guiding principles updated to include additional commentary and recent cases, including BAP v R [2024] NSWCCA 206; MF v R [2024] NSWCCA 42; and TM v R [2023] NSWCCA 185, on the approach to s 6 of the Children (Criminal Proceedings) Act 1987.
- [15-110] Penalties to add reference to ZXT (a pseudonym) v R [2023] NSWCCA 222 on the need to consider whether to suspend a control order in certain circumstances.
Sentencing Commonwealth offenders
- [16-025] Section 16A(2) factors updated to include commentary and recent cases, including Abbas v R [2024] NSWCCA 228 and Sigalla v R [2021] NSWCCA 22, on the prospects of rehabilitation.
Break and enter offences
- The chapter at [17-010]ff has been updated to provide additional commentary and cases, including MacBlane v R [2025] NSWCCA 52.
Public justice offences
- [20-155] Common law contempt of court updated to include CLGC Pty Ltd v Zhang (No 3) [2025] NSWSC 36 on contumacious contempt and the relevant factors in determining the appropriate penalty for breaching court orders.
Murder
- [30-030] Life sentences and [30-040] Aggravating factors has had relevant commentary transferred to the Mandatory life sentences under s 61 chapter at [8-600]ff.
Conspiracy
- The chapter at [65-300]ff was substantially updated and revised.