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Sentencing Bench Book Update 58 published

Sentencing Bench Book front cover
29 May 2024

Update 58 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)

  • [3-632] Mandatory considerations when determining whether to impose ICO to add reference to SR v R [2024] NSWCCA 43 regarding the mandatory consideration of community safety.
  • [3-680] Federal offences to add reference to Chan v R [2023] NSWCCA 206 and AM v R [2024] NSWCCA 26 regarding considerations for whether to impose an ICO for a federal offence.

Objective factors at common law

  • [10-030] Uncharged acts to update commentary regarding the approach to sentencing for “representative” charges and the impact of uncharged acts on the objective seriousness of the charged offence. References have been added to cases including: DPP (NSW) v TH [2023] NSWCCA 81; GL v R [2022] NSWCCA 202; Mezher v R [2019] NSWCCA 76; Ragg v R [2022] NSWCCA 150; and TL v R [2020] NSWCCA 265.

Subjective matters

  • [10-480] Self-induced intoxication to update commentary regarding self-induced intoxication and s 21A(5AA) Crimes (Sentencing Procedure) Act 1999. References have been added to cases including: Fisher v R [2021] NSWCCA 92; Kelly v R [2016] NSWCCA 246; and Pender v R [2023] NSWCCA 291.

Section 21A factors “in addition to” any Act or rule of law

  • The chapter at [11-000]ff, particularly in relation to s 21A(2) Crimes (Sentencing Procedure) Act — aggravating factors, has been updated and substantially revised.

Court to take other factors into account (including pre-sentence custody)

  • [12-510] What time should be counted? to add reference to Edquist-Wheeler v R [2024] NSWCCA 49 regarding the approach to be taken in relation to the resulting time spent in custody when an intensive correction order is revoked because of subsequent offences.