Index

[References are to paragraph numbers]

A

Abuse
extra-curial punishment, [10-520], [20-770]
Accessories
manslaughter, to, [40-060]
murder, to, [30-080]
after the fact, [30-080]
before the fact, [30-080]
Addressing the court
parties, rights of, [1-040]
s 21A, prudent to raise, [11-030]
Adjournmentsee Deferral of sentence
Adjustment and correction of sentences
Crimes (Sentencing Procedure) Act 1999, under, [13-910]
implied power, [13-900]
limits of power, [13-920]
slip rule, [13-900]
Agesee Young offenders
advanced, [10-430]
effective life sentence due to age, [8-610]
mitigating factor
children, sexual offences against, [17-570]
youth, [10-440], [15-010], [15-015]
Aggravating factors
additional to common law, [11-000], [11-040]
apprehended violence orders, breach of, [63-515]
assault police, [50-120]
breach of trust, [10-060], [11-160]
art models, [11-160]
children, sexual offences against, [17-560]
fraud, [10-060], [19-990]
patients, [11-160]
break and enter, [17-070]
break, enter and steal, [17-020], [17-050]
child sexual assault, [17-440]
“circumstance of aggravation” in s 112(3) Crimes Act 1900
additional, taking into account, [17-060]
interpretation, [17-040]
serious indictable offence, and, [17-040]
clear findings, as to s 21A(2) factors, [11-030]
Commonwealth offenders, [16-010]
company, offence committed in, s 21A(2)(e), [11-100]
break and enter, [17-070]
double counting, [11-040]
“in company“, meaning of, [11-100]
robbery, [20-230]
sexual assault, [20-620], [20-670]
conditional liberty, [10-550]
offence committed while on, [11-150]
dangerous driving, [18-320], [18-390]
De Simoni, [1-500]see also De Simoni principle
domestic violence, [63-515]
double counting, [11-200]
aggravated break, enter and steal, [17-040]
in company, [11-040]
intent to wound, [50-080]
drug offences, [19-870], [19-880], [65-130]
element of offence, [11-000], [11-040], [11-070]–[11-190]
break and enter offences, [17-070]
emotional harm, substantial, s 21A(2)(g), [11-120]
fact finding, [1-430]
financial gain, [11-192]
financial gain, fraud offences, [19-990]
fraud, [19-980]
gratuitous cruelty, s 21A(2)(f), [11-110]
grave risk of death, [11-145]
hatred, actions motivated by, s 21A(2)(h), [11-130]
home, offence committed in, s 21A(2)(eb), [11-105]
“in addition to any Act or rule of law”, s 21A(1), [11-000]
injury, substantial, s 21A(2)(g), [11-120]
legislation
background, [11-010]
loss or damage, substantial, s 21A(2)(g), [11-120]
mitigating factors, general observations, [11-200]
multiple offences, [11-030]
multiple victims, [11-180]
fraud cases, [19-990]
murder, [30-040]
onus of proof, [1-405]
participation, degree of, [10-050]
personal violence, [50-140], [50-150], [63-515]
planned or organised criminal activity, [11-190]
arrival in Australia for purpose of, [19-990]
fraud, [19-990]
offence not part of, [11-220]
“planning“, meaning of, [11-190]
prejudice, actions motivated by, s 21A(2)(h), [11-130]
premeditation and planning, [10-040]
presence of a child under 18, [11-101]
prior record, [10-400], [11-090], [11-250], [17-440]
public or community figures, offences against, [11-060]
public safety, disregard for, s 21A(2)(i), [11-140]
reason for decision identifying, [1-010]
resisting arrest, [50-080]
use of weapon, [50-090]
risk of pregnancy, [20-760]
s 21A(2) factors, [11-030]
series of criminal acts, [11-180]
serious personal violence offence, [11-000], [50-150]
sexual assault, [20-760], [20-810]
home invasion, [8-230], [20-760]
intoxication, [20-760]
medical practitioner as offender, [20-760]
traffic offence, prescribed, with child passenger, [11-195]
victim, impact on, [10-070], [12-810]
age, [10-070]
fraud cases, [19-990]
victim impact statements, evidentiary status, [12-830]
violence, actual or threatened, s 21A(2)(b), [11-070]
vulnerability of victim, s 21A(2)(l), [11-170], [17-440]
weapon
actual or threatened use, s 21A(2)(c), [11-080], [20-760]
robbery, [20-310]
sexual assault, [20-760]
Aggregate sentencing
5-year limitation, [7-505]
appeals, [7-508], [70-090]
backup and related charges, [7-507]
criminality, assessment of, [7-505]
discounts
assistance to authorities, [7-507]
guilty pleas, [7-507]
duration of, limits on, [7-505]
fixed terms, [7-505], [7-507]
reasons for imposing, [7-507]
refusal to set non-parole periods, [7-520], [7-980]
implicit accumulation, [7-505]
indicative sentences, [7-505], [7-507]
fixed term as, [7-507]
head sentences as, [7-507]
intensive correction order, [3-620]
JIRS sentencing statistics, [10-024], [10-025], [10-026], [10-027]
“maximum periods of imprisonment”, meaning of, [7-505]
non-parole periods, refusal to set, [7-520], [7-980]
sentence term 6 months or less, [7-530]
setting dates for each sentence, [7-505]
settled propositions regarding, [7-507]
standard non-parole periods, [7-980]
record of reasons, [7-980]
Agreed statement of facts
applicant bound by conduct of counsel, [1-460]
challenges to, [1-460]
comprehensibility requirement, [1-460]
culpability assigned, [1-460]
De Simoni principle, [1-500]
Form 1 documents, [1-460]
other documents in addition to, [1-460]
Aiders and abettors
aggravated robbery, [20-230]
robbery with arms and wounding, [20-270]
Alcoholsee Intoxication
deprived background, [10-475]
high range prescribed concentration of alcohol (PCA) offences
dismissal of charge, [5-040]
Indigenous persons, [10-470]
intoxication, [10-480]
Appealssee Miscarriage of justice
additional, fresh and new evidence, [70-060]
facts that arose after sentence, [70-060]
factual circumstances that existed at sentence, [70-060]
aggregate sentences, [7-508], [70-090]
appeal against sentence, [70-000]
assistance to authorities
satisfied beyond reasonable doubt, [12-240]
withdrawal, [12-240]
conditional liberty, offence committed in breach of, [10-550]
consistency in sentencing, approach to, [10-022]
sentencing statistics, [10-024], [10-025], [10-026], [10-027]
counsel incompetence, [70-060]
Court of Criminal Appealsee Appeals to Court of Criminal Appeal
Crown, [70-010]
double jeopardy, [70-080], [70-090], [70-110]
DPP policy guidelines, [70-080]
grounds, specifying, [70-070]
increased sentence, consideration of, [1-060]
Local Court, from, [70-130]
matters on indictment, for, [70-070]
parity, [10-850]
principles applicable to, [70-090]
purpose of, [70-090]
rarity, [70-090]
re-sentencing, [70-110]
s 68A, application of, [70-090]
time limits, [70-070]
deferral of sentence, [5-400]
District Court, to
convicted person, by, [70-120]
Crown, by, [70-130]
Local Court, from, [70-120], [70-140]
procedure, [70-120]
DPP, matters influencing, [70-080]
error, establishing, [70-030], [70-090]
failure to attribute sufficient weight to issue, [70-030]
failure to refer to matters at first instance, [70-030]
manifest inadequacy, establishing, [70-090]
Muldrock error, [70-020]
other sentence warranted in law, [70-060]
residual discretion — intervene or not, [70-100]
sentence, meaning of, [70-060]
specific error, [70-030], [70-040]
judicial review, [70-140]
miscarriage of justice arising from legal representation, [70-065]
nature of, [70-000]
parity, and, [10-850]
prior offences pending, [10-400]
procedural fairness, [1-060]
report on appeal
double jeopardy, [70-115]
re-sentencing, and, [70-110]
sentence warranted in law, [70-040]
no change in relevant law, [70-040]
severity, [70-010], [70-020]
increased sentence, consideration of, [1-060]
Supreme Court, to
Crown, by, [70-135]
District Court, from, [70-140]
environmental offence, [70-120]
judicial review, [70-140]
Local Court, from, [70-120], [70-140]
procedure, [70-120], [70-135]
withdraw, leave to, [1-060]
Appeals to Court of Criminal Appealsee Appeals
additional, fresh and new evidence, [70-060]
assistance to authority, [70-060]
facts or circumstances, new, [70-060]
incompetence, [70-060]
medical evidence cases, [70-060]
miscarriage of justice through counsel, [70-065]
miscarriage of justice, avoiding, [70-065]
no error established, [70-040]
psychiatric evidence, [70-040], [70-065]
Children’s Court discretionary powers, [15-060]
convicted person, by, [70-010]
error, establishing, [70-030]
errors of fact and fact finding, [70-030]
failure to attribute sufficient weight to issue, [70-030]
failure to refer to matters at first instance that are later relied upon, [70-030]
post-sentence conduct, evidence of, [70-060]
right of appeal where conviction on indictment, [70-020]
success rates, [70-010]
Crown, by, [70-010], [70-090]
assessment of objective seriousness, [70-090]
assistance to authorities, discount for, [12-240]
deferral of sentencing for rehabilitation, [5-400]
double jeopardy, [70-080], [70-090], [70-110]
grounds, specifying, [70-070]
matters on indictment, for, [70-070]
objective seriousness, assessment of, [70-090]
parity, [10-850]
principles applicable to, [70-090]
rarity, [70-090]
re-sentencing, [70-110]
residual discretion — intervene or not, [70-100]
success rates, [70-010]
time limits, [70-070]
overview of appeals 2001–2018, [70-010]
Crown appeals (Table 3), [70-010]
Crown appeals for standard non-parole period offences (Table 4), [70-010]
Muldrock v The Queen, [70-010]
severity appeals (Table 1), [70-010]
severity appeals for standard non-parole period offences (Table 2), [70-010]
report on appeal, [70-115]
sentence unreasonably disproportionate, [12-220]
sentence warranted in law, [70-040]
arithmetical error, [70-040]
error affecting discrete component, [70-040]
evidence following finding of error, [70-040]
no change in relevant law, [70-040]
power to remit, [70-040]
Apprehended domestic violence orders
concurrent or consecutive sentences, [8-230]
Apprehended violence ordersee Domestic violence
Armed robbery
aggravated offences, [20-230]
armed with a dangerous weapon, [20-230]
arms and wounding, with, [20-230], [20-270]
De Simoni principle, [1-500], [20-210], [20-220], [20-250], [20-260], [20-280]
drug addiction not an excuse, [10-485]
Assault
aggravating factors, [50-140]
causing death while intoxicated, [50-085]
child sexualsee Children, sexual offences against
choke, attempt to, [50-100]
common, [50-050]
injuries, extent of, [50-050]
violence, degree of, [50-050]
concurrent or consecutive sentences, [8-230]
convicted inmate, by, [8-240]
De Simoni principle, [50-030], [50-050], [50-060]
death, causing, [50-085]
gangs, [1-500], [50-130]
grievous bodily harmsee Grievous bodily harm
injuries, extent and nature of, [50-040]
intent to harm, [50-040]
intent to have intercourse, and, [20-680]
intent to rob or steal, and, [20-220]
intentional or reckless, [50-010]
intoxicating substance, administration of, [50-110]
intoxication, [50-150]
kidnapping, and, [18-740]
malice, repeal, [50-010]
mental element, [50-040]
occasioning actual bodily harm, [50-060]
injuries, extent of, [50-060]
violence, degree of, [50-060]
personal violence offences, [50-020], [50-130], [50-150]
police, against, [50-120]
aggravation, [50-120]
De Simoni considerations, [50-120]
guideline judgment, application, [50-120]
serious cases, [50-120]
standard non-parole periods, [50-120]
prison officers, against, [50-130]
resisting arrest, [50-080]
use of weapon, [50-090]
sexualsee Sexual assault
standard non-parole periods, [8-000], [50-080]
statutory framework, [50-000]
totality, and, [8-230]
violence, degrees of, [50-040]
weapons, actual or threatened use of, [50-140]
firearms, [50-140]
glass, broken, [50-140]
knives, [50-140]
syringes, [50-140]
woundingsee Wounding
Assessment reports, [3-500]see also Community-based orders
community-based orders
community correction order, [3-510]
conditional release order, [3-510]
intensive correction order, [3-510]
matters to be addressed, [3-510]
preparation, [3-510]
requirements, [3-510]
court not bound by, [3-632], [3-635]
intensive correction orders, [3-635]
request for, [3-635]
risk of re-offending, evidence of, [3-632]
Assistance to authorities
Commonwealth offenders, [16-010]
contrition, and, [10-420], [12-210]
Crown appeal following failure to assist, [12-240]
discounting
applying a discount, [12-230]
Commonwealth offenders, [16-010]
drug offences, [19-880], [65-140]
level of, [12-230]
method of calculation, [12-230]
multiple sentences, [12-230]
not guilty pleas, [12-230]
principles, [12-220]
protective custody and level of assistance, [12-230]
quantify discount for future assistance, requirement to, [12-240]
reasons, requirement to give, [12-205], [12-230]
SZ v R line of authority, [12-230]
drug offences, [19-880], [65-140]
extension to, [12-215]
disclosure of guilt, [12-215]
sexually abused offenders, [12-215]
post-sentence co-operation, [12-240]
reduction of penalties, [12-200]
Crown appeals, [12-220]
factors to consider, [12-220]
legislative power to reduce sentence, [12-200]
rationale, [12-210]
reporting sexual abuse, [12-215]
requirement to indicate, [12-205]
unreasonably disproportionate, [12-220]
scrutiny of information, [12-220]
statement not to be used against offender, [12-220]
use of statement of assistance adversely, [12-240]
withdrawal of promise to assist, [12-240]

B

Backdating
desirability of, [12-500]
discounting or subtracting, versus, [12-500]
double punishment, [12-510]
failure to backdate, reasons, [12-500]
immigration detention after bail granted, [12-510]
Bail
child offenders, [15-020], [15-110]
immigration detention after bail granted, [12-510]
intervention programs, [5-430], [12-520]
method of crediting custody time and, [12-500]
offence committed in breach of, [10-550]
onerous conditions, [12-530]
quasi-custody
conditions, [12-530]
revoking, [12-500]
Bestiality
penalties, [20-740]
Boat offences
boat rebirthing, [20-420]
maximum penalty, [20-420]
Breach of trust
element of offence, as existing, [11-160]
fraud
accountants, [19-970]
aggravating factor, [19-990]
bank employees, [19-970]
deterrent sentences, [19-940]
directors, [19-970]
employees, [19-970]
legal practitioners, [19-970]
nursing home operators, [19-970]
professionals, [19-970]
senior employees, [19-970]
good character, [11-260]
reduction of weight given to, [10-410], [17-570]
misconduct in public office, [20-190]
objective factors, [10-060], [11-160]
children, sexual offences against, [17-440], [17-560]
witnesses, traumatic effect on, [20-160]
Breaches
non-custodial community-based orders, [6-600], [6-610]
Break and enter
aggravated, [17-040]
corporal violence, [17-050]
aggravated, committing serious indictable offence
dismissal of charge, [5-040]
standard non-parole periods, [17-050]
aggravating factors, [17-070]
element of offence, as existing, [17-070]
offence committed at victim’s house, [17-070]
aiding and abetting, [17-050]
committing serious indictable offence, [17-010]
company, in, [17-070]
concurrent or consecutive sentences, [8-230]
conditional liberty, [17-050]
corporal violence, [17-050]
criminal activity, planned or organised, [17-070]
De Simoni principle, [1-500], [17-060]
Form 1 offences, [17-060]
domestic violence, [17-050]
double punishment, [17-080]
Local Court proceedings, [17-030]
mitigating factors, [17-070]
Ponfield guideline judgment, [17-020]
prior record, [17-020], [17-050]
provocation, [17-050]
standard non-parole periods, [17-050]
objective seriousness, assessing, [17-050]
statutory scheme, [17-000]
steal, and, [17-020]
specially aggravated, [17-040]
summary disposal, [17-030]
totality, and, [8-230], [17-025]
violence, [17-070]
Bribery
public justice offence, [20-180]
Burden of proofsee Onus of proof
mandatory life sentences, [8-610]

C

Capacity
manslaughter, [40-010]
Car-jacking offences
co-offender, [20-400]
non-parole period, [20-400]
objective seriousness, [20-400]
role in offence, [20-400]
taking motor vehicle/vessel — assault/with occupant, [20-400]
aggravation, [20-400]
taxi drivers, [20-400]
Car rebirthing
definition, [20-420]
maximum penalty, [20-420]
sentencing principles, [20-420]
standard non-parole period, [20-420]
CCOssee Community correction orders
Character
assessment of, [10-410]
child abuse material, [17-541]
deportation and, [10-570]
mitigating factor, as, [10-410], [11-260], [17-570], [65-140]
children, sexual offences against, [10-410]
Commonwealth offenders, [16-010]
driving offences, [18-380]
drug offences, [19-880]
previous good character, [11-260]
Child abuse material
accessing, transmitting or making available, [17-541]
CETS (Child Exploitation Tracking System) scale, [17-541]
dissemination of, [17-541]
objective seriousness, [3-630], [17-541]
possession of, [17-541]
production of, [17-541]
sexual offences against children, [17-570]
Children
child abuse, [50-130]
manslaughter by parents or carers, [40-020]
offenders
Commonwealth offenders, [16-080]
community service orders, [15-110]
compensation to victims, [15-110]
conference, referral for, [15-110]
control orders, [15-110]
criminal proceedings in Children’s Court, [15-100]
dismissal, [15-110]
fines, [15-110]
good behaviour bonds, [15-110]
guilty plea, [15-110]
imprisonment, [15-070]
indictable offences, [15-060]
jurisdiction of Children’s Court, [15-000]
non-association or place restriction orders, [15-110]
penalties, [15-010], [15-040], [15-110]
principles of criminal jurisdiction, [15-010]
prior offences, [10-400], [15-020]
probation, [15-110]
relevance of youth at sentence, [15-015]
restitution, and, [10-540]
sentencing principles, [15-090]
serious children’s indictable offences, [15-050], [15-060]
personal violence offence against, [50-130], [50-150]
rights and freedoms, [15-010]
sexual abusesee Children, sexual offences against
victims (murder), [30-020]
young offenderssee Young offenders
Children’s Court
adjournment, [15-110]
admissibility
statements, [15-020]
background reports, [15-080]
changes, [15-080]
disputed, [15-080]
bail applications, [15-020]
community service orders, [15-110]
compensation to victims, [15-110]
conference, referral for, [15-110], [15-120]
control orders, [15-110]
limitations on imposition, [15-110]
restrictions on imposition, [15-110]
Crimes (Sentencing Procedure) Act 1999, application, [15-110]
criminal proceedings, [15-100]
deterrence, general, [15-015]
discretionary powers, [15-060]
care in exercise of, [15-060]
miscarriage, [15-060]
dismissal, [15-110]
fines, [15-110]
fingerprints, destruction of, [15-110]
good behaviour bonds, [15-110]
guideline judgments, [15-090]
guilty plea, [15-110]
hearings, [15-020]
criminal proceedings, [15-100]
intervention orders, [15-120]
jurisdiction, [15-000]
criminal, [15-100]
other courts, [15-000]
non-association or place restriction orders, [15-110]
penalties, [15-010], [15-040], [15-110]
photographs, destruction of, [15-110]
probation, [15-110]
publication prohibited, [15-020]
reasons for decision, [15-110]
remission of persons to, [15-070]
sentencing principles, [15-090]
understanding of proceedings, [15-020]
youth conduct orders, [15-120]
youth, relevance of, [15-015], [15-090]
Children, sexual offences against
abuse, persistent sexual, [17-500]
multiple assaults, [17-560]
act of indecency, [17-520]
aggravated, [17-520]
age of
consent, [17-420]
offender, [17-570]
victim, [17-480], [17-490], [17-530]
aggravating factors, [17-440], [17-560]
act of indecency, [17-510]
age difference, [17-510]
authority, position of, [17-520]
breach of trust, [11-160], [17-440], [17-560]
coercion, use of, [17-510]
criminal activity, planned or organised, [17-440]
duration of conduct, [17-510]
emotional harm, [17-440]
gratuitous cruelty, [17-440]
indecent assault, [17-510], [20-620]
injury, [17-440]
intercourse with child between 10 and 16 years, [17-490]
loss or damage, [17-440]
multiple assaults, [17-560]
multiple victims, [17-440]
prior convictions, [17-440]
series of criminal acts, [17-440]
specific age, [17-510]
statutory, [17-420]
voyeurism, [17-543]
vulnerability of victim, [11-170], [17-440]
breach of trust, [11-160], [17-440]
carer, [17-560]
coach, [17-560]
family member, [17-560]
group leader, [17-560]
priest, [17-560]
teacher, [17-560]
child abuse material, [17-540], [17-541]
accessing, transmitting or making available, [17-541]
CETS (Child Exploitation Tracking System) scale, [17-541]
production, dissemination or possession, [17-541]
child pornography, [17-540]
accessing, transmitting or making available, [17-541]
intensive correction orders, [3-630]
objective seriousness, [3-630]
child prostitution, [17-540]
community attitudes, [17-400]
consent as mitigating factor, [17-570]
De Simoni principle, [1-500], [17-450]
delay
approach of courts, [17-410]
mitigating factor, as, [17-570]
deterrence, [17-400], [17-505], [17-541], [17-570]
filming
person engaged in a private act, [17-543]
private parts, [17-543]
good character of offender, [10-410], [17-570]
previous good character, [11-260]
grooming, [17-535]
homeless children, [17-560]
incitement to commit sexual offence, [17-545]
indecent assault
aggravated, [17-510], [20-620]
intensive correction order, [17-550]
intercourse
child between 10 and 16 years, [5-040], [17-490]
child between 16 and 18 years under special care, [17-530]
child under 10 years, [7-895], [17-480]
maximum penalties
increased, [17-400]
mitigating factors, [17-440]
age of offender, [17-570]
consent as mitigating factor, [17-570]
delay, [17-570]
extra-curial punishment of offender, [17-570]
good character, [10-410], [17-570]
hardship of custody for child offender, [17-570]
health of offender, [17-570]
lack of opposition irrelevant, [17-570]
mental condition of offender, [17-570]
offender abused as a child, [17-570]
Pre-Trial Diversion of Offenders Program, closed, [17-570]
rehabilitation undertaken, [17-570]
objective seriousness, [17-510], [17-541]
penalties, increased, [17-400]
pornography, [17-541]
Pre-Trial Diversion of Offenders Program
closed, [17-570]
procuring, [17-535]
prostitution, [17-540]
sentencing principles, [17-541]
sexual assault
aggravated, [17-505]
sexual servitude, [17-540]
“stale offences”, sentencing for, [17-410]
standard non-parole period, [7-895], [17-430], [17-480]
move upwards in the length of, [17-430]
State and Commonwealth offences, mixture of, [17-541]
table of offences, [17-420]
victim impact statements, [12-832]
voyeurism, [17-543]
vulnerability of victim, [11-170], [17-440]
child under special care, [17-530]
worst cases, [17-500], [17-510]
Chronic illness
mitigating factor, as, [10-450]
Common law
bribery and corruption, [20-180]
compartmentalising sentencing considerations, [9-710]
conspiracy, [65-300]
fallacy, relevance of, [9-720]
misconduct in public office, [20-190]
objective and subjective factors, [9-700]
proportionality, [10-010]
robbery, definition of, [20-200]
sentencing, purposes, [2-200]
parsimony, [2-295]
Commonwealth offenderssee Drug offences; Money laundering (Cth)
Aboriginality, [10-470], [16-010]
age, [16-010]
assistance to authorities, [16-010]
child abuse/pornography offences, [17-541]
children, [16-080]
condition, mental or physical, [16-010]
conditional release after conviction, [16-020], [16-070]
conditions and supervision, [16-070]
decision-making process, [16-070]
failure to comply with conditions, [16-020]
licence, [16-070]
licence, revocation, [16-070]
parole, [16-070]
parole, revocation, [16-070]
consistent sentencing, [16-002]
other cases, sentencing in, [16-002]
conspiracy, [65-420]
Crimes Act 1914 (Cth), sentencing under, [16-000]
additional offences, taking account of, [16-010]
general principles, [16-010]
guideline judgments, [16-010]
matters “relevant and known to the court”, [16-010]
non-custodial sentences, [16-020]
purposes of sentencing, [16-010]
reasons, requirement to give, [16-010]
cultural background, [16-010]
customary law, [16-010]
deportation, [10-570]
discharge without conviction, [16-020]
failure to comply with conditions, [16-020]
prior conviction, [16-020]
discounting, [16-010]
explaining order, [16-010]
family/dependants, hardship to, [16-010]
fines, [16-030]
good character, [16-010]
guilty plea, [16-010]
hospital orders, [16-110]
imprisonment, [16-040]
intellectual disability, [16-110]
means, [16-010]
mental illness, [16-110]
multiple offences, [16-035]
non-custodial sentencing, [16-020]
non-parole periods, [16-050]
passports, restrictions on, [16-100]
personal circumstances of victim, [16-010]
prerogative of mercy, [16-010]
pre-sentence reports, [16-000], [16-010]
program probation orders, [16-110]
psychiatric orders, [16-110]
recognisance release order, [16-020], [16-050]
remissions, [16-060]
reparation, [16-020]
sentencing, [16-000], [16-002], [16-010], [16-020], [16-035]
severity, appropriate, [16-010]
State or Territory sentencing alternatives, [16-020]
failure to comply, [16-020]
intensive correction orders, [16-020]
undertaking, failure to comply, [16-010]
victim impact statements, [16-010]
young offenders, [16-080]
Community correction orders
2018 sentencing reforms
introduced, [3-500]
assessment reports, [4-420]
breach, [4-410]
failure to comply, [4-410]
revocation, [6-630]
breach proceedings
breach report, [6-600]
breaches regarded seriously, [6-640]
commencing, [6-600]
establishing breach, [6-620]
jurisdiction, [6-610]
commencement, [4-420]
conditions, [4-420], [4-430]
revocation, [4-430]
variation, [4-430]
court empowered to make, [4-410]
domestic violence offences, [4-410]
duration, [4-420]
explanation of order, [4-420]
legislative requirements, [4-410]
Local Court, power of, [4-410]
multiple orders, [3-650]
non-custodial alternative, [4-400]
procedures, [4-420]
sentencing procedures, [4-410]
summary, [4-400]
Community protection
addictions, [2-240]
duress, [2-240]
life sentences, [8-620], [30-030]
Community service orders
2018 sentencing reforms
abolished, Table, [3-500]
children, [15-110]
Commonwealth offenders, [16-020]
young offenders, [15-110]
Community service, order requiring
fines, and
failure to comply with order, [6-140]
failure to pay, [6-140]
Community-based orders
2018 sentencing reforms, [3-500]
assessment reports
conditional release order, [3-510]
intensive correction order, [3-510]
matters to be addressed, [3-510]
preparation, [3-510]
requirements, [3-510]
time of request, [3-510]
conditions
Table, [3-500]
multiple orders
community service work conditions, [3-520]
curfew conditions, [3-520]
hierarchy, [3-520]
non-custodial
breaches, [6-600]
jurisdiction, [6-610]
Compensation
child offender, [15-110]
victims, [12-860], [12-863], [12-865], [12-867]
aggrieved person, meaning of, [12-860]
appeal, [12-865]
considerations, relevant, [12-860], [12-863]
corporate victim, [12-869]
directions for compensation, [12-863]
District Court jurisdiction, [12-865]
factors taken into consideration, [12-860], [12-863]
injury, for, [12-860]
loss, for, [12-860]
mitigating factor, not a, [12-865]
orders for, [12-860]
remorse, evidence of, [12-860]
restrictions on power, [12-865]
statutory scheme, [12-860]
victims support levies, [12-867]
voluntary, [12-865]
Concurrent sentences
aggregate sentences, [8-220], [8-230]
apprehended domestic violence orderss, [8-230]
assault and wounding, [8-230]
convicted inmate, [8-240]
break, enter and steal, [8-230], [17-025]
commencement of sentence, power to vary, [8-270]
Commonwealth offenders, [16-040]
consecutive sentences, distinguished, [8-210]
dangerous driving, [8-230]
exclusions, [8-260]
fraud, [8-230]
interstate sentences, [8-280]
limitations, [8-260]
limiting term, [90-040]
multiple offences, [8-230]
nature of, [8-200]
non-parole period, application to, [8-230]
R v Janceski, [8-210]
robbery, [8-230]
sexual assault, [8-230]
totality principle, [8-210]
offences in more than one State, [8-220]
offenders against State and Commonwealth laws, [8-220]
separate indictments, [8-220]
Conditional discharge
Commonwealth offenders, [16-020], [16-070]
conditions and supervision, [16-070]
decision-making process, [16-070]
failure to comply with conditions, [16-020]
licence, [16-070]
licence, revocation, [16-070]
parole, [16-070]
parole, revocation, [16-070]
conditional release order, [5-000]
orders
meaning and effect, [5-050]
restrictions on certain offences, [5-070]
Conditional libertysee Community correction orders; Conditional release orders; Parole
Conditional release orders
breach
revocation, [6-630]
breach proceedings
breach report, [6-600]
breaches regarded seriously, [6-640]
commencing, [6-600]
establishing breach, [6-620]
jurisdiction, [6-610]
conditional discharge, [5-000]
conviction not recorded, [5-000]
dismissal of charges under s 10, [5-000]
domestic violence, [63-505]
fines, and, [6-130]
good behaviour bond, replaced by, [5-005]
good behaviour bonds replaced, [4-700]
history, [4-700]
legislative requirements, [4-710]
breaches, [4-710]
court’s power, [4-710]
domestic violence offence, [4-710]
maximum period, [5-010]
multiple orders, [3-650]
procedures, [4-720]
assessment reports, [4-720]
commencement, [4-720]
conditions, [4-720]
court decision to convict and make order, [4-720]
duration, [4-720]
explaining order, [4-720]
fixing appropriate conditions, [4-720]
revocation, [4-730]
summary of significant requirements, [4-700]
transitional provisions, [4-740]
variation, [4-730]
Conditions
bail, [12-520]
community correction orders, [4-420]
conditional release orders, [4-720]
deferral of sentence, [5-410]
intensive correction orders, [3-640]
parole, [7-580]
Conferences
referral of child offenders, [15-110]
Consecutive sentences
accumulation, [8-230]
aggregate sentences, [8-220], [8-230]
break, enter and steal, [8-230], [17-025]
commencement of sentence, power to vary, [8-270]
Commonwealth offenders, [16-040]
concurrent sentences, distinguished, [8-210]
definition, [8-200]
escape, [8-250]
exclusions, [8-260]
intensive correction orders, commencement date of, [3-660]
interstate sentences, [8-280]
legislative reforms, [2-000]
limitations, [8-260]
limiting term, [90-040]
multiple offences, [8-230]
multiple victims, [8-230]
nature of, [8-200]
non-parole period, application to, [8-230]
robbery, [8-230]
sexual assault, [8-230]
totality principle, [8-210]
existing sentences, [8-230]
offences in more than one State, [8-220]
offenders against State and Commonwealth laws, [8-220]
separate indictments, [8-220]
varying commencement of sentence, [8-270]
Conspiracy
Commonwealth offences, [65-420]
De Simoni principle, [65-320]
drug offences, [19-855], [65-130], [65-360], [65-400]
maximum penalty for substantive offence, [65-340]
mitigation, [65-360]
NSW statutory offences, [65-400]
overt acts in furtherance of, [65-320]
principles, [65-300]
role of the offender, [65-360]
standard non-parole period provisions, [65-380]
“yardstick” principle, [65-340]
Contempt
administration of justice, interference with, [20-155]
breach of orders or undertakings, [20-155]
common law forms, [20-155]
contumacious, [20-155]
disrespectful behaviour in court and, [20-158]
penalty, [20-155]
procedural fairness, [20-155]
publication, by, [20-155]
referrals, [20-155]
tariff of sentences, [20-155]
technical, [20-155]
Contritionsee Repentance and remorse
mitigating factor, [10-420]
Commonwealth offenders, [16-010]
Control orders
children, [15-110]
limitations on imposition, [15-110]
Convictions
retrial, sentence following
“ceiling principle”, [10-700]
unrecorded, [5-000]
with no other penalty, [5-300]
Co-offenders
car-jacking offences, [20-400]
drug offences, identification of, [1-045]
inconsistent sentencing, [10-840]
joint criminal enterprise, moral culpability, [7-920]
parity, [10-800]
Crown appeals, [10-850]
different charges, [10-810]
justifiable grievance, [10-840]
juvenile and adult co-offenders, [10-820], [20-300]
lesser charges, [10-810]
limitations on parity, [10-810]
sentenced by same judge, [10-800]
special circumstances, [7-514]
voluntary disclosure, [12-218]
Corporations
fines, [6-110]
enforcement, [6-140]
Correction and adjustment of sentences
Crimes (Sentencing Procedure) Act 1999, under, [13-910]
implied power, [13-900], [13-910]
limits of power, [13-920]
slip rule, [13-900], [13-910]
Corruption
misconduct in public office, [20-190]
public justice offence, [20-140], [20-180]
Court
addressing, [1-040]
disrespectful behaviour in, [20-158]
excessive intervention by, [1-045]
Court of Criminal Appeal
appealssee Appeals to Court of Criminal Appeal
Crimes Act 1914 (Cth)
sentencing Commonwealth offenders, [16-000]
Crimes (Appeal and Review) Amendment (Double Jeopardy) Act 2009 (rep)
double jeopardy, [70-090]
Crimes Legislation Amendment (Child Sex Offences) Act 2015
standard non-parole periods under, [7-895]
Crimes (Sentencing Procedure) Act 1999
primacy, [2-010]
statutory history, [2-000]
Crimes (Sentencing Procedure) Amendment Act 2007 (rep)
history, [7-895]
Crimes (Sentencing Procedure) Amendment (Standard Non-parole Periods) Act 2013 (rep)
history, [7-890], [7-895], [7-910], [7-920]
Crown
appealssee Appeals
Form 1 offences
decision as to what constitutes, [13-250]
obligation to strike a balance, [13-250]
Culpability
agreed statement of facts and assigned, [1-460]
driving offence
good character of offender, [10-410], [18-380]
entrapment, [10-510]
extreme, and life sentences, [8-620]
multiple offences, [8-640]
moral, [1-400], [1-420], [10-400], [10-460], [10-470], [10-475], [10-485], [18-330]
multiple offences, [8-640]
robbery
intellectual functioning, [20-290]
mental health, [20-290]
Custody
crediting time, [12-500]
full-time, deferral of sentence, and, [5-400]
hardship
child sex offender, [17-570]
foreign nationals, [10-500]
former police, [10-500]
pre-sentence protective custody, [10-500], [12-510]
protective custody, [10-500], [17-570]
sexual assault offenders, [20-770]
pre-sentence
alternative offence, [12-510]
backdating, [12-500]
counting, [12-500]
crediting custody time, method of, [12-500]
Drug Court, [12-530]
Form 1 matters, [12-510]
immigration detention, [12-510]
intervention programs, [12-520]
manipulation of for ICOs, [3-610]
MERIT, [12-530]
parole, and, [12-510]
protective custody, [10-500], [12-510]
quasi-custody bail conditions, [12-530]
residential program, in, [12-520]
revoking bail and, [12-500]
protective custody, [7-514], [10-500], [17-570]
assistance to authorities, [12-230]
mitigating circumstance, not a, [17-570]
pre-sentence, [10-500], [12-510]
quasi-custody, [12-530]
safety of prisoners, [10-500]
“still in custody”, meaning, [7-547]

D

Damage by fire
bushfires, [63-020]
De Simoni principle, [63-015]
destroying or damaging property, [63-010]
intention to endanger life, [63-015]
statutory scheme, [63-000]
Dangerous behaviour
predicting, [2-250]
Dangerous drivingsee Driving offences
Dangerous navigation
application of guideline, [18-430]
offences, [18-420]
Dangerousness
fact finding, [10-460]
mental condition of offender, [10-460]
De Simoni principle
absence of circumstance, [1-500]
aggravating factors, [1-500], [11-050], [18-370]
taken into account, [1-500]
breach of, [1-500]
break and enter offences, [17-060]
Form 1 offences, [17-060]
children, sexual offences against, [17-450]
conspiracy, [65-320]
damage by fire, [63-015]
driving offences, [18-370]
drug offences — possession/importation, [65-130]
money laundering (Cth), [65-215]
proceeds of crime, [65-215]
“more serious” offences, [1-500]
operates for the offender’s benefit, [1-500]
robbery, [20-210], [20-220], [20-250], [20-260], [20-280]
sexual assault, [20-650]
victim, impact on, [10-070]
age, [10-070]
Death
driving offences occasioning, [18-350]
multiple victims, [8-230]
victim impact statements, evidentiary status, [12-830]
Defence
obligations, [1-210]
pre-trial disclosure, [11-320]
case law, [11-910]
legislation, [11-910]
role, [1-210]
Deferral of sentence
adjournment, [5-400]
availability, [5-400]
bail
breach, [5-420]
forfeiture of undertaking, [5-410]
conditions, terms and, [5-410]
counselling, [5-410]
Crown appeals, [5-400]
delay to be taken into account, [5-400]
effect of delay, consideration of, [5-400]
full-time custody, and, [5-400]
intervention programs, [5-430]
circle sentencing intervention program, [5-440]
declaration, [5-440]
orders, restrictions on, [5-450]
regulation, [5-440]
requirement to enter, [5-410]
traffic offender intervention program, [5-440]
object, [5-400]
rehabilitation, for, [5-400]
reporting, [5-410]
residential conditions, [5-410]
Delay
arrest and charging, between, [10-530]
bail, while on, [10-530], [12-520]
between murder offence and sentence, [30-048]
children, sexual offences against, [17-570]
offence and sentencing, between, [2-260], [10-530]
rehabilitation during, [10-530]
sentencing practice after long, [10-530]
sexual assault cases, impact on offender, [20-770]
Dependants
hardship as mitigating factor, [10-490]
Commonwealth offenders, [16-010]
Deportation
Migration Act 1958 (Cth), [10-570]
non-parole periods, [10-570], [16-050]
sentencing, and, [10-570]
Deprived backgroundsee Social factors
Detain for advantage
assault, [18-740]
attempts to commit, [18-705]
Crimes Act 1900, under, [18-700], [18-740]
domestic violence, [18-715]
double counting, [18-720]
full-time imprisonment, [18-715]
gravamen of offence, [18-700]
joint criminal enterprise and role, [18-730]
motivation, [18-715]
non-custodial sentences, inappropriate, [18-715]
repealed s 90A offence, [18-740]
seriousness of offence, factors, [18-715]
circumstances of detention, [18-715]
maximum penalty, cases attracting, [18-715]
period of detention, [18-715]
person being detained, [18-715]
purpose of detention, [18-715]
use of statistics, [18-715]
vigilante action, [18-715]
Detention centre
juvenile offenders, imprisonment of, [15-070]
youth as mitigating factor, [10-440], [15-010], [15-015]
Deterrence
advanced age as mitigating factor, [10-440], [11-280]
child sexual assault, [17-400]
criticisms notwithstanding, [2-240]
dangerous driving offences, [18-340]
intoxication, [18-340]
drug trafficking offences, [19-835]
fraud offences, [19-940]
general
insider trading offences, [3-630]
limited utility of, [2-240]
money laundering (Cth), [65-220]
purposes of sentencing, [2-240]
mental condition, and, [2-240], [20-290]
non-parole periods, [7-500]
public justice offences, [20-130]
sentencing, and, [2-240], [16-010]
Disadvantagesee Social factors
Discharge of offender
Commonwealth offender, [16-020]
Discharging under conditional release order, [5-030]see also Conditional release orders
factors, application of, [5-030]
factors, trivial nature of offence, [5-030]
first offenders, [5-030]
mental condition, [5-030]
order, [5-000]
order made under s 9, [5-010]
Dishonesty offences
breach of trust cases, [10-060]
Dismissal of charges under s 10see Conditional release orders; Dismissal of charges under s 10A
affray, [5-040]
aggravated break and enter, [5-040]
child offender, [15-110]
Commonwealth offenders, [16-020]
failure to comply with conditions, [16-020]
conditions, with or without, [5-000]
conviction not recorded, [5-000]
corporations, and, [5-035]
demerit points, [5-040]
factors, application of, [5-030]
first offenders, [5-030]
high range prescribed concentration of alcohol (PCA) offences, [5-040]
marine pollution, [5-040]
mental condition, [5-030]
offences, [5-040]
orders under s 10
appropriateness, [5-030]
meaning and effect, [5-050]
particular offences, [5-040]
statute circumvention, [5-020]
use of, [5-020]
prohibited offences and circumstances, [5-070]
property damage/destruction, [5-040]
restriction of use re certain offences, [5-070]
sexual intercourse
child between 10 and 16 years, [5-040]
trivial nature of offence, [5-030]
use of s 10 orders, [5-020]
particular offences, [5-040]
statute circumvention, [5-020]
Dismissal of charges under s 10(1)(b)
good behaviour bond unavailable
transitional provisions, [5-000]
order made under s 9, [5-010]
Dismissal of charges under s 10A
conviction with no other penalty, [5-300]
Disputed issues
committal for sentence, following, [1-470]
resolution of, [1-420]
basis of what is proved, [1-420]
not bound to adopt view most favourable to offender, [1-420]
offender’s moral culpability, [1-400], [1-420]
unchallenged material, [1-420]
Disrespectful behaviour in court
community expectations and, [20-158]
contempt and, [20-158]
offence introduced, [20-158]
District Court
appeals from Local Courtsee Appeals
consistent sentencing, [10-024]
criminal proceedings under Mental Health (Forensic Provisions) Act 1990, [90-010]
dismissal, [90-020]
limiting terms, [90-040]
Domestic violence
aggravating factors, [63-510], [63-515]
alcohol-fuelled conduct, [63-510]
apprehended violence order, [63-505], [63-515]
breach, [63-515]
interim, [63-505]
stalking and intimidation, [63-515]
break, enter and steal offences, [17-050]
brutal conduct, [63-510]
defined, [63-505]
detain for advantage, [18-715]
intention, [63-515]
intimidation, [63-515]
murders, [30-047]
national recognition scheme, [63-500]
personal violence offence, as, [50-130], [63-505]
sentencing approach, [63-510]
trust, abuse of, [63-510]
victim impact statements, [12-850]
victims, effect on, [63-510]
vulnerability, [63-510]
wronged, belief in being, [63-510]
Double counting
aggravating factors, [11-020], [11-040]
aggravated break, enter and steal, [17-040], [17-080]
intent to wound, [50-080]
head sentence, calculating, [7-512]
inherent characteristic of offence, [11-040]
“nature and extent”, consideration of, [11-040]
non-parole period, calculating, [12-510]
policy underlying offence expressed as s 21A factor, [11-040]
Double jeopardy
Crimes (Appeal and Review) Amendment (Double Jeopardy) Act 2009 (rep), [70-090]
Crown appeals, [70-090]
principles applicable to, [70-090]
rarity, [70-090]
prohibition against, [3-020]
Driving offences
abandonment of responsibility, [18-330]
assessment, [18-330]
aggravated dangerous driving
death, occasioning, [18-310]
grievous bodily harm, occasioning, [18-310]
conduct of victim, [18-370]
culpable driving
good character of offender, [10-410], [18-380]
damages, payment of, [18-380]
dangerous driving
aggravating factors, [18-320], [18-334], [18-390]
aggravating factors, speed, excessive, [18-310], [18-320]
concurrent or consecutive sentences, [8-230]
criminal negligence, [18-370]
custodial sentence, [18-320]
cyclists, risk to, [18-320], [18-340]
death, occasioning, [18-310]
deterrence, [18-340]
duty of care, evaluation of breach, [18-370]
extra-curial suffering, [18-380]
grievous bodily harm, occasioning, [18-310]
guideline judgment, [18-320], [18-334], [18-430]
length of journey, relevance, [18-336]
manslaughter, [18-370], [40-030]
mitigating factors, [18-334], [18-380]
multiple victims, [8-230]
negligence, degree of, [18-370]
statutory history, [18-300]
statutory scheme, [18-310]
substantive matters, [18-310]
totality, and, [8-230], [18-400]
victim impact statements, [18-365]
De Simoni principle, [1-500], [18-370]
death, occasioning, [18-350]
aggravated dangerous driving, [18-310]
dangerous driving, [18-310]
manslaughter, and, [18-350]
dismissal of charge under s 10
demerit points, [5-060]
high range prescribed concentration of alcohol (PCA) offences, [5-040]
restrictions, [5-040]
driver’s licence
disqualification, [18-410]
suspension or cancellation, [6-140]
family, hardship to, [18-380]
good character of offender, [10-410], [18-380]
grievous bodily harm, occasioning, [18-360]
aggravated dangerous driving, [18-310]
dangerous driving, [18-310]
guideline judgment
aggravating factors, [18-320]
check or indicator, [18-320]
comprehensive checklist, not a, [18-320]
custodial sentences, [18-320]
dangerous navigation, [18-320], [18-430]
prior record and, [18-334]
typical case, [18-320]
inattention, momentary, [18-332]
injury sustained by offender, [18-380]
intoxication, [10-480]
misjudgement, [18-332]
momentary inattention, [18-332]
moral culpability, [18-330]
assessment, [18-330]
motor vehicle manslaughter, [18-350], [40-030]
prescribed concentration of alcohol (PCA) offences (high range)
dismissal of charge, [5-040]
prescribed traffic offence, [11-195]
child under 16 years as passenger, [11-195]
definition of, [11-195]
prior driving record, [18-334]
public safety, disregard for, [18-390]
R v Janceski, [8-210]
statutory hierarchy of offences, [18-370]
traffic offender intervention program, [5-440]
vehicle registration
suspension or cancellation, [6-140]
worst cases, [18-400]
youth of offender, [18-380]
Drug addiction
attributable to some other event, [10-485]
compulsory drug treatment, [10-485]
mitigating factor, not a, [10-485]
robbery, and, [20-280]
self-medication, [10-485]
sentencing principles, [20-280]
special circumstances, [7-514]
subjective factor, as, [19-880]
very young age, at a, [10-485]
worst cases, [19-880]
Drug offencessee Sentencing consistency
addiction, relevance of, [19-880]
assistance to authorities, [19-880], [65-140]
cannabis, [19-810], [19-820], [19-830]
Commonwealth
consistency, achieving, [65-150]
De Simoni principle, [65-130]
deterrence, importance of, [65-110], [65-140]
legislative requirements, [65-110]
objective factors, [65-130]
statutory background, [65-100]
subjective factors, [65-140]
summary disposal, [65-100]
worst cases, [65-130]
conspiracy offences, [19-855], [65-130], [65-360], [65-400]
co-offenders, identification of, [1-045]
couriers and principals, distinguishing, [65-130]
Crimes Act 1914 (Cth), under, [65-150]
Criminal Code (Cth), under, [65-100]
cultivation, [19-810]
“enhanced indoor means”, meaning, [19-810]
personal use, [19-810]
statistics, use of, [19-810]
Customs Act 1901 (Cth), under, [65-110]
De Simoni principle — possession/importation, [1-500], [65-130]
discount, entitlement to, [65-140]
Drug Misuse and Trafficking Act 1985, under, [19-800]
duress, offender under, [19-890]
financial gain, offence committed for, [19-890]
good character of offender, [10-410], [19-880], [65-140]
harm-based categories, [65-130]
horticultural skills, [19-810]
importation, [65-110]
De Simoni principle, [65-130]
more than one border controlled drug, [65-130]
sentencing guideline, [13-620], [65-150]
Law and Justice Legislation Amendment (Serious Drug Offences and Other Measures) Act 2005 (rep), [65-100]
loss or damage, causing substantial, [19-890]
mandatory life sentences, [8-600]
manufacture, [19-820]
possession of precursors, [19-820]
marijuana, [19-810]
maximum sentence
scale of seriousness, and, [65-130]
multiple victims, [19-890]
non-parole period, [19-840]
objective seriousness, [19-870], [65-130]
planned criminal activity, [19-890]
principle
De Simoni principle, [1-500], [65-130]
prohibited plants, offences relating to, [19-810]
public safety, disregard for, [19-890]
quantity and purity of drug, [19-870], [65-130]
rehabilitation, [19-835]
role and participation of offender, [19-870], [65-130]
“principal”, [19-870]
supply offences, [19-870]
standard non-parole period, [19-840]
move upwards in length, [19-840]
table, [8-000]
subjective factors, [19-880], [65-140]
substantial injury or harm, [19-890]
summary disposal, [65-130]
supply, [19-830]
agreement to, [19-830]
attempted, [19-830]
“deemed supply”, definition, [19-830]
definition, [19-830]
objective seriousness, meaning of, [19-830], [19-840], [19-850]
offering to, [19-830]
ongoing, [19-850]
“substantial” involvement, [19-835]
undercover police, to, [19-860]
trafficking, [19-835]
Clark “principle”, correctness of, [19-835]
Parente v R approach, [19-835]
type of drug, relevance of, [19-870], [65-130]
voluntary cessation of criminal activity, [19-835]
vulnerability of offender, [19-880]
vulnerability of victim, [19-890]
Duress
offender acting under, [11-240]

E

Economic factors
Indigenous persons, [10-470]
Emotional harm
not substantial, relevance of, [11-210]
substantial, relevance of, [11-120]
transient emotional fear, [11-120]
victim impact statements and, [12-810], [12-830], [12-832]
Entrapment
culpability, and, [10-510]
Environmental offences
marine pollution
dismissal of charge, [5-040]
Errors in sentencing
correction and adjustment, [13-900], [13-910], [13-920]
Escape
consecutive sentencing, [8-260]
offence committed following, [10-550]
Ethnicity
hatred and prejudice, actions motivated by, [11-130]
material fact, as, [10-470]
Evidence
hearsay, [1-490]
refusal to give, [20-155]
self-serving statements, untested, [1-490]
sensitive material, [1-000]
Evidence Act 1995
application to sentencing proceedings, [1-480]
opinion evidence, [1-480]
Extra-curial punishment
mitigation, [10-520]
abuse, harassment and/or threats, [10-520]
Child Protection Offender Register, registration on, [10-520], [17-570]
children, sexual offences against, [17-570]
injuries to offender, [10-520]
media coverage, [10-520]
professional ramifications, [10-520]
public humiliation, [10-520]
retribution/revenge extracted, [10-520]
self-inflicted injuries, [10-520]
sexual assault, [20-770]
solicitors struck off roll, [10-520]
Extra-curial suffering
driving offences, [18-380]

F

Fact finding
aggravating factors, [1-430]
Commonwealth offenders, sentencing, [16-010]
conspiracy, [65-320]
dangerousness, [10-460]
disputed issues
committal for sentence, following, [1-470]
resolution of, [1-420]
exceptions, [1-445], [17-500]
guilty plea, following, [1-445], [1-450]
judicial task, [1-400]
jury verdict, following, [1-440]
mitigating factors, [1-430]
onus of proof, [1-405]
plea agreements, [1-455]
sentence, at, [1-400]
standard of proof, [1-410]
untested self-serving statements, [1-490]
Facts statements
agreedsee Agreed statement of facts
Family
hardship as mitigating factor, [10-490]
Commonwealth offenders, [16-010]
special circumstances, [7-514]
Federal offencessee Commonwealth offenders
consistent sentencing, [16-002]
fines, [6-160]
intensive correction orders, [3-680]
prior convictions, [10-400]
statistics, use of, [10-022], [10-024]
victim compensation, [12-860]
Fines
accumulation, [6-110]
availability, [6-110]
child offenders, [15-110]
Children’s Court, [6-170]
Commissioner of Fines Administration, [6-100], [6-140]
Commonwealth offences, [6-160]
Commonwealth offenders, [16-030]
community service, order requiring, [6-140]
failure to comply with, [6-140]
conditional release orders, [6-130]
corporations, [6-110]
enforcement, [6-140]
default provisions, [6-140]
discretionary power, [6-110]
enforcement, [6-160]
civil, [6-140]
order, service of, [6-140]
enforcement order, [6-120]
financial payment in lieu of, [6-150]
good behaviour bonds, and, [6-170]
indictable offences, [6-110]
mandatory considerations, [6-110]
monetary penalty, [6-100]
notification, [6-120]
payment
consideration of accused’s means to pay, [6-110], [6-160]
timing, [6-110]
payment details, [6-120]
penalty units, [6-100], [6-110], [6-160]
Commonwealth, [6-160]
New South Wales, [6-100]
procedure, [6-120]
statutory scheme, [6-100]
totality, and, [8-210]
Fire
damage by
bushfires, [63-020]
De Simoni principle, [63-015]
destroying or damaging property, [63-010]
intention to endanger life, [63-015]
statutory scheme, [63-000]
intentionally causing with recklessness as to spread
public safety, disregard for, [63-020]
Firearm offences
aggravation, [60-040]
aggregate sentence, [60-040]
assault, [50-140]
assessing seriousness, [60-050]
causing danger, [60-070]
Crimes Act 1900, under, [60-070]
deterrence, [60-050]
discharge with intent, [60-070]
good character, [60-040]
laser pointers, [60-060]
manufacture, unauthorised, [60-045]
Muldrock v The Queen, [60-040]
possession, unauthorised, [60-030]
more than three firearms, [60-050]
prohibited weapons, [60-060]
seriousness, assessing, [60-040]
prohibited weapons, [60-060]
public safety, disregard for, [60-040]
purchase, unauthorised, [60-050]
robbery, [20-310]
sale, authorised, [60-050]
standard non-parole periods, [8-000], [60-040], [60-050]
statutory provisions, [60-000]
nature and purpose, [60-010]
principles and objects of Firearms Act 1996, [60-020]
use, unauthorised, [60-030]
seriousness, assessing, [60-040]
Weapons Prohibition Act 1998, under, [60-060]
worst cases, [60-040], [60-060]
Foetal alcohol spectrum disorder (FASD)see Mental condition
Foreign nationals
custody, hardship in, [10-500]
deportation, [10-570]
foreign convictions, counting, [10-400]
Form 1 offences — sentencing
additional penalty, severity of, [13-230]
“bottom up” approach, [13-210]
break and enter offences, [17-060]
charge negotiations, [13-275]
consistent sentencing, [10-024]
Crown’s obligation to strike a balance, [13-250]
deterrence and retribution, [13-217]
further offences taken into account, [13-200]
guideline judgment, [13-210]
legislation, [13-200]
numerous offences, [13-240]
offences, [13-240]
Crown’s decision, [13-250]
pre-sentence custody, and, [12-510]
principal offence, focus on, [13-210]
procedure’s effects, [13-270]
quantification of effect, [13-210], [13-215]
rationale, [13-210]
rejection, [13-260]
restrictions, [13-220]
retribution, and, [2-297]
serious offences, [13-240]
severity of additional penalty, [13-230]
unrelated offences, [13-240]
Fraud
aggravating factors, [19-980], [19-990]
breach of trust cases, [10-060], [19-930]
accountants, [19-970]
aggravating factor, [19-990]
bank employees, [19-970], [20-080]
clerks or servants, [20-105]
directors, [19-970], [20-100]
employees, [19-940], [19-970], [20-105]
legal practitioners, [19-970]
nursing home operators, [19-970]
professionals, [19-970]
senior employees, [19-970]
circumstances, special, [20-030]
commonly prosecuted offences, previous scheme, [20-040]–[20-100]
conspiracy, [65-320]
credit card offences, [20-050]
Crimes Amendment (Fraud, Identity and Forgery Offences) Act 2009 (rep), [20-110]
deterrent sentences, [19-940]
directors, cheating or defrauding, [20-100]
false instrument, making or using, [20-060]
false or misleading statements, [20-090]
identity offences, [19-930]
larceny by clerk or servant, [20-105]
misappropriation of money collected/received, [20-080]
mitigating factors, [19-980], [20-000]
absence of criminal record, [20-000]
delay, [20-000]
guilty plea, [20-000]
hardship to third parties, [20-000]
mental condition, [20-000]
prior good character, [20-000]
remorse, [20-000]
moral culpability, [20-000]
objective seriousness, [19-970]
amount of money involved, [19-970]
breach of trust, [20-000]
duration of offence, [19-970]
motivation, [19-970]
planning, degree of, [19-970]
obtaining money or valuables by deception, [20-050]
offence, nature of, [19-930]
parole, [20-030]
special circumstances
Corbett’s case, [20-030]
statistics, reference to, [19-960]
statutory scheme, previous, commonly prosecuted offences under, [20-040]
table of new and repealed offences, [19-930]
table of new and repealed offences, [19-930]
totality principle, [20-020]
white collar crime, generalisations, [19-950], [20-020]
worst class of case, [20-050]
Fresh evidence rulesee Appeals

G

General deterrencesee Deterrence
Good behaviour bondssee Conditional release orders
2018 sentencing reforms
abolished, Table, [3-500]
child offender, [15-110]
fines, [6-170]
prior convictions, [10-400]
replacedsee Conditional release orders
restitution, and, [10-540]
transitional provisions
deemed conditional release orders, [4-720]
Grievous bodily harm
definition, [50-070]
maximum penalty, cases attracting, [50-070], [50-080]
murder, and, [30-010]
recklessly causing, [50-070]
De Simoni considerations, [50-070]
extent and nature of injuries, [50-070]
standard non-parole periods, [50-070]
resisting arrest, [50-080]
use of weapon, [50-090]
worst cases, [50-070], [50-080]
wound with intent, [50-080]
aggravation, [50-080]
De Simoni considerations, [50-080]
degree of violence, [50-080]
double counting, [50-080]
extent and nature of injuries, [50-080]
intention, nature of, [50-080]
standard non-parole periods, [50-080]
Griffiths remand
deferral for rehabilitation, [5-400]
statutory version of common law, [2-000]
Guideline judgments
Attorney General, on application of, [13-610]
break, enter and steal, [17-020]
“check”, as, [13-630]
children, [15-090]
Commonwealth offenders, [16-010]
concept and purpose, [13-600]
dangerous driving, [18-320]
departure from, reasons for, [13-630]
drug importation, [13-620], [65-150]
Form 1 offences, [13-210]
guideline judgments, promulgation of, [13-620]
guidelines, [13-630]
guilty plea, [11-520]
juvenile offenders, [15-090]
legislative reforms, [2-000]
own motion, on, [13-610]
robbery, [20-240]
effect on offences other than armed robbery, [20-250]
“sounding board”, as, [13-630]
standard non-parole period offences, [13-640]
statutory scheme, [13-610]
test case, [13-620]
Guilty plea
child offender, [15-110]
Commonwealth offenders, [16-010]
discounting, [16-010]
contrition, and, [10-420], [16-010]
court obligations, [11-504]
Crown case, relevance of strength, [11-520]
delay, [11-520]
discount, [11-520], [12-205]
purely utilitarian discount, [16-010]
discount scheme, [11-510], [11-515]
failure to comply, [11-515]
indictable offences, [11-510], [11-515]
mandatory, [11-510], [11-515]
not applicable to, [11-515]
offences dealt with on indictment, [11-510]
onus of proof, [11-515]
summary offences, [11-510]
fact finding following, [1-450]
guideline judgment, [11-520]
mandatory life sentence, [8-610]
remorse, and, [11-530], [16-010]
setting aside guilty plea, [11-505]
application to change plea, [11-505]
miscarriage of justice, [11-505]
principles, [11-505]
statutory discount scheme, [11-500]
taken into account, [11-500]
Borkowski principles, [11-520]
extreme circumstances, [11-520]
Form 1, on a, [11-525]
intention to plead guilty, [11-510]
mitigation, [11-510]
no penalty for pleading not guilty, [11-503]
plea combined with other factors, [11-530]
voluntary disclosure of unknown guilt, [12-218]
willingness to facilitate course of justice, [11-520]
transparency, [11-520]
utilitarian value of, [11-520]
voluntary disclosure, [12-218]
confession of criminality, [12-218]
extent of, [12-218]
nature of, [12-218]
significant leniency, [12-218]
willingness to facilitate course of justice, [11-520]

H

Harassment
extra-curial punishment, [10-520]
Hardship
custody
child sex offender, [17-570]
foreign nationals, [10-500]
former police, [10-500]
pre-sentence protective, [10-500]
protective, [10-500]
sexual assault offenders, [20-770]
employees, [10-490]
family/dependants, [10-490]
Commonwealth offenders, [16-010]
driving offences, [18-380]
fraud offences, [20-000]
pregnancy, [10-490]
special circumstances, [7-514]
young babies, [10-490]
“highly exceptional” circumstances, [10-490]
ill health, [10-450]
physical disability and chronic illness, [10-450]
special circumstances, [10-450]
Indigenous persons, [10-470]
third parties, to, [10-490]
Healthsee Mental health
mitigating factor, [10-450]
children, sexual offences against, [17-570]
special circumstances and ill health, [7-514]
Hearsay
evidence, [1-490]
Hili v The Queen
fixing non-parole periods, [7-500], [16-000], [16-050], [19-835], [20-030]
manifest inadequacy, [70-090]
patterns of sentencing, [10-020], [10-022], [10-024], [10-026], [16-002], [65-150]
Home detention
2018 sentencing reforms
abolished, Table, [3-500]
Home invasion
multiple incidents committed with co-offenders, [7-920]
sexual assault, [8-230], [20-760]

I

ICOssee Intensive correction orders
Immigration detention
pre-sentence custody, [12-510]
taken into account, [12-510]
Imprisonment
advanced age, [10-430]
alternatives to imprisonment
community correction orders, [4-400]see also Community correction orders
conditional release orders, [4-700]see also Conditional release orders
conviction with no other penalty, [5-300]
deferral for rehabilitation, [5-400]see also Deferral of sentence
dismissal of charges, [5-030]see also Discharging under conditional release orderDismissal of charges under s 10(1)(b)
fines, [6-100]see also Fines
intensive correction order, [3-600]see also Intensive correction orders
non-association order, [6-500]see also Non-association and place restriction orders
penalties, [3-000]
place restriction order, [6-500]see also Non-association and place restriction orders
suspended sentences, [5-700]see also Suspended sentences
Commonwealth offenders, [16-040]
backdating sentence, [16-040]
commencement, [16-040]
detention in State or Territory prison, [16-040]
restrictions, [16-040]
custodysee Custody
detention centresee Detention centre
Indigenous persons, [10-470]
intensive correction orders, [3-630]
imposition of full-time imprisonment, [3-630]
jurisdictional ceiling, [3-610]
no power to manipulate pre-sentence custody, [3-610]
two years or less, sentence of, [3-600], [3-610]
juvenile offenders, [15-070]
lifesee Common law; Consecutive sentences; Life sentences; Mandatory life sentences; Worst cases
protective custody, special circumstances, [7-514]
sanction of last resort, [3-300]
reasons for decision, [3-300], [3-310]
short terms, [3-300]
two years or less, sentence of
intensive correction orders, [3-600], [3-610]
Incest
penalties, [20-730]
Indecent assaultsee Sexual assault
aggravated, [17-510]
maximum penalty, [17-510], [20-620]
“circumstances of aggravation”, [20-690]
definition, [20-690]
summary disposal, possibility of, [10-080]
Indigenous persons
alcohol, [10-470]
economic factors, [10-470]
hardship, [10-470]
sentencing principles, [10-470], [10-475]
Injury
kidnapping, and, [18-740]
not substantial, relevance of, [11-210]
offender, to
driving offences, [18-380]
extra-curial punishment, [10-520]
self-inflicted injuries, [10-520]
substantial, relevance of, [11-120]
victim compensation, [12-860], [12-863], [12-865], [12-867]
Inmates
assault by, [8-240]
escape, [8-250]
Inquiries
Part 7 inquiry into sentence 2014–2018, [70-010]
Intensive correction orders
2018 sentencing reforms
restructured, Table, [3-500]
additional references, [3-710]
aggregate sentencing, [3-620]
appeals, [3-690]
assessment reports, [3-635]
risk of re-offending, [3-632]
availability, [3-600]
breach, [3-670]
child pornography, [3-630]
commencement, [3-660]
Commonwealth offences, [3-680]
Commonwealth offenders
conditions, [16-010]
community safety consideration, [3-632]
conditions, [3-640]
additional, [3-640]
forms for, [3-640]
mandatory, [3-640]
court pronouncement, [3-660]
domestic violence, [63-505]
drug and alcohol restrictions, [3-640]
existingbreaches, [3-690]
federal offences, [3-680]
full-time imprisonment, instead of, [3-630]
further reading, [3-710]
home detention orders, existing, [3-690]
imprisonment, as, [3-630]
inherent leniency, [3-630]
length of sentence, [3-630]
multiple orders, [3-650]
offender assessment/suitability, [3-620]
provisions, [3-660]
punishment, issue of, [3-630]
references, additional, [3-710]
rehabilitation, [3-620]
requirements, [3-660]
restrictions, [3-620], [3-660]
revocation, [3-670]
sentencing option, [3-600]
sexual offences, prescribed, [3-620], [17-540], [20-750]
terms, [3-660]
Intervention programs
circle sentencing intervention program, [5-440]
declaration, [5-440]
deferral of sentence, [5-430], [12-530]
mitigation, factors to consider, [12-530]
orders, restrictions on, [5-450]
regulation, [5-440], [12-530]
requirement to enter, [5-410]
traffic offender intervention program, [5-440]
Intoxicationsee Alcohol
aggravation or mitigation, as, [10-485], [11-335]
sexual assault offences, [20-760]
dangerous driving, [18-340]
out of character exception, abolished, [10-480]
personal violence offences, [50-150]
Investigations
hindering, [20-150]

J

JIRS sentencing statisticssee Statistics
Joint criminal enterprise
degree of participation, [10-050]
detain for advantage/kidnapping, [18-715]
moral culpability, [7-920]
robbery, [20-270]
Judicial officers
public justice offences, [20-140]
reprisals against, [20-160]
soliciting information from, [20-160]
Jurisdiction
Children’s Court, [15-000]
criminal proceedings, [15-100]
other courts, [15-000]
principles of criminal jurisdiction, [15-010]
sentencing, relevance of youth in, [15-015]
Local Court
break, enter and steal offences, [17-030]
maximum penalty, limitations, [10-000]
summary disposal, possibility of, [10-080]
Jury
influencing, [20-160]
reprisals against, [20-160]
soliciting information form or harassing, [20-160]
verdict, fact finding following, [1-440]
Juvenilessee Children; Young offenders
adult co-offenders, and, [10-820], [20-300]
imprisonment, [15-070]
mandatory life sentences, [8-600]

K

Kidnappingsee Detain for advantage
assault, [18-740]
attempts to commit, [18-705]
Crimes Act 1900, under, [18-700], [18-740]
detaining for advantage, [18-715]
domestic violence, [18-715]
double counting, [18-720]
gravamen of offence, [18-710]
joint criminal enterprise and role, [18-730]
motivation, [18-715]
non-custodial sentences, inappropriate, [18-715]
repealed s 90A offence, [18-740]
seriousness of offence, factors, [18-715]
circumstances of detention, [18-715]
period of detention, [18-715]
person being detained, [18-715]
purpose of detention, [18-715]
use of statistics, [18-715]
vigilante action, [18-715]
Knives
robbery, [20-310]
Knowledge
mental condition, and, [10-460]

L

Legal counsel
defencesee Defence
duty to correct misstatements, [1-220]
prosecutor, [1-200]
public justice offences, [20-140]
Licence, conditional release on
Commonwealth offenders, [16-070]
revocation, [16-070]
Life sentences
age, effective life sentence due to, [8-610]
extreme culpability, [8-620]
mandatory, [8-600]see Mandatory life sentences
murder, [30-030]see also Mandatory life sentences
Limiting termssee Mental health
Local Court
aggregate sentences, [7-505]
consecutive sentences, [8-260]
consistent sentencing, [10-024]
proceedings
break, enter and steal, [17-030]
reasons for decisions, [1-010]
summary disposal, possibility of, [10-080]
jurisdictional issues, [10-080]
suspended sentencing
s 12 bond, [5-780]
Loss or damage
not substantial, relevance of, [11-210]
substantial, relevance of, [11-120]
victim compensation, [12-860], [12-863], [12-865], [12-867]
Lowe v The Queen
justifiable grievance, [10-840]
parity, [10-800]

M

Mandatory life sentences
age, effective life sentence due to, [8-610]
availability, [8-600]
burden of proof, [8-610]
common law cases that attract the maximum, comparison, [8-630], [10-000], [10-005]
drug offences, serious, [8-600]
common law cases that attract the maximum, comparison, [8-630], [10-000]
discretion, [8-610]
extreme culpability, [8-620]
multiple offences, [8-640]
guilty plea, [8-610]
juveniles, [8-600]
multiple offences, [8-640]
murder, [8-600]see also Life sentences
common law cases that attract the maximum, comparison, [8-630], [10-000], [10-005]
discretion, [8-610]
offence so grave as to warrant maximum penalty, [10-000]
subjective features, [8-610]
two-step process, [8-610]
Manslaughter
accessories after the fact, [40-060]
categories, [40-010]
children, of, [40-020]
conduct, range of, [40-010]
consistent sentencing, [10-020], [10-024]
criminal negligence, [40-010]
dangerous driving occasioning death, [18-350]
defences, multiple partial, [40-010]
excessive self-defence, [40-010]
guilty plea, discount for rejected offer, [40-040]
infanticide, [40-070]
joint criminal enterprise, [40-050]
maximum penalty, cases attracting, [40-010]
motor vehicle, [18-350], [40-030]
De Simoni principle, [1-500], [18-370]
murder, distinguished, [40-000]
objective criminality, [40-000]
offence so grave as to warrant maximum penalty, [10-000], [40-010]
protean crime, as, [40-000]
provocation, [40-010]
sentencing in other cases
information, [10-022]
sentencing statistics, [10-024], [40-000]
substantial impairment, [40-010]
unlawful and dangerous act, [40-010]
Marine pollution
dismissal of charge, [5-040]
Maximum penalty
cases that warrant, [10-005]
jurisdictional limitations, [10-000]
requirement to start with, [10-000]
statutory
decrease, [10-000]
increase, [10-000]
worst cases, [10-000], [10-005]
aggravated indecent assault, [17-510], [20-620]
driving offences, [18-390]
robbery, [20-220]
sexual assault, [20-660]
Medical treatment
Commonwealth offenders, [16-110]
fresh and new evidence, [70-060]
mitigating factor, as, [10-450]
psychiatric care, [12-520]
Mental condition
Commonwealth offenders, [16-110]
deterrence, and, [2-240]
drug addiction, and, [10-485], [20-290]
foetal alcohol spectrum disorder, [10-450]
fraud offences, [20-000]
intellectual disability, [10-460]
intermediate appellate court checklists, [10-460]
knowledge, and, [10-460]
moral culpability, [10-460]
limiting terms, [90-040]
Muldrock v The Queen, [10-460]
non-parole periods, and, [7-514]
objective factor, [7-910]
offender
children, sexual offences against, [17-570]
relevance, [10-460]
purpose of punishment, [20-290]
rehabilitation, [10-460]
robbery and, [20-290]
s 10(1)(b) orders, application of s 10(3) factors, [5-030]
sexual assault offences, [20-770]
special circumstances, [10-450]
Mental health
chronic illness, [10-450]
criminal justice system, and, [90-000]
diverting mentally disordered defendants, [90-050]
foetal alcohol spectrum disorder, [10-450]
magistrates, summary proceedings before, [90-050]
mentally ill persons, [90-050]
physical disability, [10-450]
sentencing options, special hearings, [90-030]
limiting terms, [90-040]
special circumstances, [10-450]
Supreme and District Court, criminal proceedings, [90-010]
dismissal, [90-020]
Miscarriage of justice
avoiding, [70-060]
drugs for personal use, [19-830]
excessive court intervention, [1-045]
legal representation, arising from, [70-065]
no written instruction to plead guilty, [1-460]
setting aside a guilty plea, [11-505]
Misconduct in public office
assessing objective seriousness, [20-190]
common law, [20-190]
extra-curial punishment, [20-190]
politicians, [20-190]
seniority of public official, [20-190]
statutory reference points, [20-190]
Mitigating factors
addiction, [10-485], [19-880]
fraud cases, [20-010]
robbery, [20-280]
advanced age, [10-430]
children, sexual offences against, [17-570]
aggravating factors, mirroring, [11-200]
ameliorative conduct, [10-560]
assistance to authorities
Commonwealth offenders, [16-010]
contrition and reparations, [16-010]
drug offences, [19-880], [65-140]
legislation, [12-200]
break and enter, [17-070]
children, sexual offences against, [17-440], [17-570]
Commonwealth offenders, [16-010]
confiscation, [11-000]
contrition, [10-420], [11-290]
Commonwealth offenders, [16-010]
evidence of, [11-290]
delay, [2-260], [10-530]
fraud, [20-000]
deportation, [10-570]
deprived background, [10-475]
driving offences, [18-380]
drug addiction, not mitigating factor, [10-485]
drug offences, [19-870], [19-880], [19-890], [65-130], [65-140]
emotional harm, not substantial, [11-210]
entrapment, [10-510]
extra-curial punishment, [10-520], [20-770]
children, sexual offences against, [17-570]
fact finding, [1-430]
foetal alcohol spectrum disorder, [10-450]
forfeiture, [11-000]
fraud, [20-000]
gambling addiction, not mitigating factor, [20-010]
good character, [10-410]
children, sexual offences against, [17-570]
Commonwealth offenders, [16-010]
driving offences, [18-380]
drug offences, [19-880], [65-140]
fraud, [20-000]
guilty plea
fraud, [20-000]
hardshipsee Hardship
health, [10-450]
children, sexual offences against, [17-570]
foetal alcohol spectrum disorder, [10-450]
“in addition to any Act or rule of law”, [11-000]
injury, not substantial, [11-210]
intoxication, [10-480]
legislation
background, [11-010]
loss or damage, not substantial, [11-210]
mental condition, [10-460]
children, sexual offences against, [17-570]
custody more onerous, [10-460]
foetal alcohol spectrum disorder, [10-450]
fraud, [20-000]
knowledge, and, [10-460]
murder, [30-030]
attempted, [30-100]
life sentences, [30-030]
non-mitigating factors
confiscation of assets, [11-350]
drug addiction, [10-485]
forfeiture of proceeds of crime, [11-350]
gambling addiction, [20-010]
intoxication, [10-040], [10-480], [11-335]
prohibition against child-related employment, [11-340]
supervision of sex offenders, [11-340]
personal violence offences, [50-150], [50-160]
pre-trial disclosure by defence, [11-220]
case law, [11-910]
legislation, [11-910]
prior convictions, absence of, [10-400], [11-250]
fraud, [20-000]
later criminality, [10-400]
subsequent offending, [10-400]
provocation, [11-230]
race and ethnicity, consideration of, [10-470]
rehabilitation
children, sexual offences against, [17-570]
good prospects for, [11-270], [11-280]
remorse, [11-290]
fraud, [20-000]
reparations, Commonwealth offenders, [16-010]
restitution, [10-540]
fraud, [20-000]
sentencing error, [11-020]
sexual assault, [20-770], [20-810]
summary disposal, possibility of, [10-080]
voluntary rectification, [10-560]
youth, [10-440], [11-280], [15-010], [15-015]
Money laundering (Cth)
breadth of conduct, [65-205]
character, [65-240]
Commonwealth statutory scheme, [65-200]
De Simoni principle, application of, [65-215]
knowledge taken into account, [65-215]
factors, other, [65-235]
factual findings, [65-225]
Financial Transaction Reports Act 1988, [65-250]
general deterrence, [65-220]
related offences, relevance of, [65-245]
sentencing range, [65-210]
seriousness, relevant considerations, [65-200]
structuring offences, [65-245], [65-250]
worst cases, [65-205]
Moral culpability
alcohol abuse and violence, [10-475]
dangerous driving, [18-330]
drug addiction, [10-485]
gambling addiction, [20-010]
illuminating, [10-400]
intoxication, [10-480]
joint criminal enterprise, [7-920]
voluntary, [10-480]
mental condition, [10-460]
objective factor, [7-910]
Muldrock v The Queen
aggregate sentences, [7-500]
appeals, earlier and later cases, [7-955]
appeals, possible frequency of, [70-010]
cases decided before decision, [7-955]
common law principles, [11-120], [12-810]
firearm offence, [60-040]
history, [7-895]
length of non-parole periods, move upwards, [7-990], [17-430], [20-620], [20-640]
mental condition, [10-460], [11-300], [50-080]
middle range offences, [17-480]
“objective seriousness”, [10-010], [19-830]
parole conditions, [7-580]
pre-Muldrock
correcting sentences, [7-960]
use of cases, [7-955]
rehabilitation in prison, [2-260]
sentencing procedure, [7-920]
sentencing, purposes of, [2-210]
special circumstances, [7-514]
standard non-parole period, [7-890], [7-895], [7-910], [7-920], [7-955], [7-990]
Multiple offences
Commonwealth offenders, [16-035]
community-based orders
community service work conditions, [3-520]
curfew conditions, [3-520]
hierarchy, [3-520]
concurrent sentencessee Concurrent sentences
consecutive sentencessee Consecutive sentences
double punishment, [8-230]
JIRS statistics, [10-024]
murder, life sentences, [30-030]
non-custodial sentences, [7-507]
non-parole periods, [7-507], [7-980]
pre-sentence custody, [12-500]
overlapping charges, [8-230]
settled propositions regarding, [7-507]
Multiple offenders
participation, degree of, [10-050]
Murdersee Manslaughter
accessories, [30-080]
after the fact, [30-080]
before the fact, [30-080]
aggravating factors, [30-040]
attempted, [30-100]
homicide sentencing, and, [30-100]
mitigating factors, [30-100]
objective factors, [30-100]
children, exposure of, [30-040]
comparative sentencing, [10-022]
concealment of another offence, [30-040]
conspiracy to solicit, [30-090]
contract killings, [30-040]
defences, rejection of, [30-050]
definition, [30-000]
delay between offence and sentence, [30-048]
domestic violence context, [30-047]
extortion, and, [30-040]
financial greed, motivated by, [30-040]
future dangerousness, [30-040]
identifiable bases of liability, [30-000]
joint criminal enterprise, [30-070]
life sentences, [30-030]
common law, under, [30-030]
mitigating factors, [30-030]
statutory, [30-030]
maximum penalty, cases attracting, [30-030], [30-040]
motive, relevance of, [30-045]
multiple, [30-030]
mutilation of deceased, [30-040]
offence so grave as to warrant maximum penalty, [10-000]
police officers, of, [30-020]
political, [30-040]
post-offence conduct, [10-015]
protean crime, as, [10-022]
provisional sentencing of children under 16 years, [30-025]
seriousness, [30-010]
constructive murder, [30-010]
grievous bodily harm, intent to commit, [30-010]
intent to kill, [30-010]
reckless indifference to human life, [30-010]
standard non-parole periods, [30-020]
child victim, [30-020]
conspiracy to solicit, [30-090]
Muldrock v The Queen, cases after, [30-020]
victim occupation, [30-020]
substantial harm to family, [30-040]
worst cases, [30-030], [30-040], [30-090]

N

Non-association and place restriction orders
aggregate sentencing, [6-500]
availability, [6-500]
breaches, [6-520]
child offender, [15-110]
community-based orders, [6-520]
constraints, [6-520]
content, [6-520]
limited non-association order, [6-520]
restriction, [6-510]
suspension, [6-520]
types, [6-520]
unlimited non-association order, [6-520]
variation and revocation, [6-520]
Non-custodial community-based orders
breaches
commencing proceedings, [6-600]
establishing breach, [6-620]
jurisdiction, [6-610]
regarded seriously, [6-640]
Non-parole periodssee Parole; Standard non-parole periods
aggregate sentences, [7-500], [7-505], [7-507], [7-508], [7-520], [7-540], [7-550], [7-560], [7-980]
indicative sentences, [7-505], [7-507]
JIRS statistics, [10-024]
approach on appeal, [7-955]
car-jacking, [20-400]
commencement of sentence, [7-540]
Commonwealth offenders, [16-050]
Commonwealth and State offences, mixture of, [16-050]
minimum periods, [16-050]
terrorism offences, [16-050]
timing, [16-050]
totality principle, [16-050]
concurrency, [16-050]
concurrent and consecutive sentences, [8-230]
consideration, setting of, [7-500]
court to set, [7-500]
considerations, [7-500]
determine, distinguished, [7-500]
refusal, [7-520]
set, not to, [7-530]
cumulation, [16-050]
deportation, and, [10-570], [16-050]
double counting, [7-512], [12-510]
drug offences, [19-840]
forward dating sentences, [7-547]
fraud, deterrence and, [20-030]
general deterrence, [7-500]
juvenile offenders, [15-070]
legislative reform, [2-000]
less than 6 months, [7-530]
long-term offenders, [7-514]
Muldrock v The Queen, [7-890], [7-895], [7-920], [7-955], [7-985]
murder, [30-020]
child victim, [30-020]
victim occupation, [30-020]
pronouncement error, [7-500]
protective custody, [17-570]
refusal to set, [7-520]
rehabilitation, and, [2-260], [7-514]
release date, information relating to, [7-550]
re-opening not available, [7-955]
restriction on sentence structure, [7-500]
self-punishment, [7-514]
setting of, considerations, [7-500]
six months or less, [7-530]
special circumstancessee Special circumstances
standardsee Standard non-parole periods
term, restrictions on, [7-560]
terrorism offences, [16-050]

O

Objective factorssee Standard non-parole periods
addiction, [10-485]
robbery, [20-280]
breach of trust, [10-060], [11-160]
children, sexual offences against, [17-440], [17-560]
concealing serious indictable offence, [20-150]
consistency in sentencing, [10-020], [10-022]
bounds of discretion, [10-022], [10-024]
Commonwealth offenders, [16-002], [65-130]
JIRS statistics, [10-024], [10-025], [10-026], [10-027]
sentencing principles, [10-022], [10-024], [65-130]
subjective features, [10-022]
use of statistics, [10-024], [10-025], [10-026], [10-027]
drug offences, [19-870], [19-890], [65-130]
quantity and purity of drug, [19-870], [65-130]
role and participation of offender, [19-870], [65-130]
type of drug, [19-870], [65-130]
element of offence, as existing, [11-000], [11-040], [11-070], [11-080], [11-100], [11-120], [11-140], [11-160]–[11-190]
fraud cases, application to, [19-970]
hindering investigation, [20-150]
intoxication, [10-480]
Liang principle, [10-085]
maximum penalty, cases attracting, [10-005]
mental condition, relevance of, [10-460]
ongoing offending, [10-400]
participation, degree of, [10-050]
perjury, [20-170]
perverting the course of justice, [20-150]
post-offence conduct, [10-015]
premeditation and planning, [10-040]
prior record, [10-400], [11-250], [17-440]
proportionality, [10-010]
assessing objective seriousness, [10-010]
common law, [10-010]
objective seriousness findings, [10-010]
regime, less punitive, [10-085]
representative charges, [10-030]
scope of s 21A(1)(c), [11-010]
sexual assault, [20-630]
summary disposal, possibility of, [10-080]
undetected offending, [10-400]
victim, impact on
age, [10-070]
vulnerable victims, [11-170], [17-440]
worst cases, [10-005], [20-660]
maximum penalty, [10-000], [10-005]
youth of offender, [10-440], [11-280], [15-010], [15-015]
Objective seriousnesssee Objective factors; Standard non-parole periods
Obligations of the parties
appealable error, duty to avoid, [1-205]
Barristers’ Rules, [1-205]
defence, [1-210]
DPP Guideline 28, [1-205]
duty of disclosure, [1-205]
legal practitioners, [1-220]
prohibited submissions, [1-203]
prosecution, [1-203], [1-205]
public defenders, [1-210]
Offences
additional, taking into account, [13-200]
Commonwealth offenders, [16-010]
severity of additional penalty, [13-230]
adequate punishment for, [2-230], [3-630], [16-010]
break and entersee Break and enter
drivingsee Driving offences
drugsee Drug offences
environmentalsee Environmental offences
firearmsee Armed robbery; Firearm offences
Form 1see Form 1 offences — sentencing
further
suspended sentence revocation order timing, [5-785]
taken into account, [13-200]
multiple, [8-640]
not charged, sentencing for, [10-030]
ongoing, [10-400]
post-offence conduct, [10-015]
principal, focus on, [13-210]
proportionality, [10-010]
public safety, disregard for, [11-140]
sentencing and offence, delay between, [2-260], [10-530]
sentencing statistics, [10-020], [10-024], [10-025], [10-027], [65-130]
offender and offence characteristics, [10-026]
“stale offences”, sentencing for, [17-410], [20-780]
utility, [20-790]
serious children’s indictable, [15-050], [15-060]
sexual assaultsee Children, sexual offences against; Sexual assault
subsequent
prior to sentencing, [10-400]
undetected, [10-400]
worst cases, [20-660]
maximum penalty, [10-000], [10-005]
Offenderssee Parties
accountability, [2-270]
addressing court, [1-040]
advanced age as mitigating factor, [10-440], [11-280], [11-300]
assistance to authoritiessee Assistance to authorities
childsee Children
Commonwealthsee Commonwealth offenders
community correction order, suitability for, [4-420]
co-offenderssee Co-offenders
denunciation of conduct, [2-280]
deprived background, of, [10-475]
duress, under, [11-240]
excluded from parole, [7-600]
immaturity, [10-430]
Indigenous, [10-470]
intensive correction orders, suitability for, [3-620]
supervision levels, [3-640]
long term
non-parole periods, [7-514]
meeting whole case, opportunity of, [1-050]
mental condition, relevance, [10-460]
knowledge, and, [10-460]
participation, degree of, [10-050]
race and ethnicity, [10-470]
sentencing statistics
offender and offence characteristics, [10-026]
sex offenderssee Sex offenders
traffic offender intervention program, [5-440]
youngsee Young offenders
Onus of proofsee Burden of proof
sentence, at, [1-405]
Open court
proceedings must take place in, [1-000]
Organised criminal activity
aggravating factor, as, [11-190]
offence not part of, [11-220]
“planning”, meaning of, [11-190]

P

Parity
children, sentencing principles for, [15-090]
consistency, [10-800]
Crown appeals, [10-850]
different charges, [10-810]
disparity, [10-800], [10-810], [10-830], [10-840], [10-850]
justifiable grievance, [10-805]
lesser charges, [10-810]
juvenile and adult co-offenders, [10-820], [20-300]
limitations, [10-810]
Lowe v The Queen, [10-805]
severity appeals, [10-840]
special circumstances, [7-514]
totality principle, [10-830]
Parole
Commonwealth offenders, [16-070]
conditions and supervision, [16-070]
decision-making process, [16-070]
discretionary release, [16-070]
parole order, making of, [16-070]
revocation, [16-070]
State sentence, serving, [16-070]
conditions on, [7-580]
deportees, potential, [10-570]
eligibility date, [7-550]
excluded offenders, [7-600]
non-parole periodssee Non-parole periods
offence committed in breach of, [10-550], [12-510]
impact on rehabilitation, [10-550]
orders
conditions, [7-580]
making by court, [7-570]
release date, [7-550]
revocation
breach of parole condition, [12-510]
subsequent offence, for, [12-510]
Participation
degree of, [10-050]
Partiessee Defence; Offenders
addressing court, [1-040]
obligations, [1-200], [1-203], [1-205], [1-220]
Passports
restrictions on, [16-100]
Penaltiessee Fines
additional offences, taking into account, [13-200]
Commonwealth offenders, [16-010]
severity of additional penalty, [13-230]
alteration of, [3-010]
child offenders, [15-010], [15-040], [15-110]
child sexual assault, [17-400]
double jeopardy, [3-020]
further offences taken into account, [13-200]
imprisonment, [3-300], [3-310]
increased
child sexual assault, [17-400]
intensive correction orders, [3-300]
interpretation of provisions, [3-000]
maximum, [10-000]
reduction of, [3-030]
assistance to authorities, [12-200]–[12-240]
backdating for pre-sentence custody, [12-500]
Commonwealth offenders, [16-010]
pre-trial disclosure, [11-320], [11-910]
Perjury
public justice offence, [20-170]
Personal violence offencessee Domestic violence
De Simoni principle, [50-030]
key offences, [50-000]
malice, repeal of, [50-010]
objective gravity, [50-040]
particular violence, [50-130]
viewed seriously, [50-020]
Physical disability
mitigating factor, as, [10-450]
Place restriction orderssee Non-association and place restriction orders
Plea
agreements
fundamental principles, [1-455]
requirement for writing, [1-455]
guiltysee Guilty plea
Police
charge negotiations, [13-275]
duty of disclosure, [1-205]
entrapment, [10-510]
misconduct in public office, [20-190]
prosecutor to consult with, [13-275]
protective custody, in, [10-500], [17-570]
public justice offences, [20-140]
resisting/hindering/impersonating, [20-190]
undercover police, supplying drugs to, [19-860]
victims, [11-060]
Ponfield
break, enter and steal guideline judgment, [17-020]
guideline judgment, [13-620]
application of, [17-020]
listing of, [13-620]
Pornography
child abuse material, [17-541]
accessing, transmitting or making available, [17-541]
dissemination of, [17-541]
intensive correction orders, not available, [3-630]
objective seriousness, [17-541]
possession of, [17-541]
production of, [17-541]
Pregnancy
hardship, and, [10-490]
Premeditation
intoxication, [10-040]
objective seriousness, determining, [10-040]
Prerogative of mercy
Commonwealth offenders, sentencing, [16-010]
Pre-sentence custody
backdating, [12-500]
counting time, [12-500]
credit for, [12-500]
Drug Court, [12-530]
Form 1 offences, [12-510]
immigration detention, [12-510]
intervention programs, [12-520]
manipulation of, [3-610]
MERIT, [12-530]
parole, and, [12-510]
protective custody, [10-500], [12-510], [17-570]
residential program, in, [12-530]
revoking bail and, [12-500]
suspended sentences, [5-800]
time in custody for alternative offence, [12-510]
Pre-sentence reports
Commonwealth offenders, [16-000], [16-010]
Prior record
antecedents, duty of Crown to furnish, [10-400]
appeal, subject to, [10-400]
child offender, [10-400]
foreign convictions, [10-400]
gap in history of offending, [10-400]
good behaviour bonds, [10-400]
principle of proportionality, and, [10-400]
reasons for referring to, [10-400]
serious personal violence offences, [11-090]
spent convictions, [10-400]
use in sentencing, [10-400]
Probation
child offender, [15-110]
Commonwealth offenders, [16-110]
Probation and Parole Servicesee Parole
matters solely for, [7-570]
Procedural fairness
addressing court on issues, [1-040]
adjournment of sentence proceedings, [1-040]
appeals, [1-060]
excessive intervention by the court, [1-045]
fair opportunity, [1-050]
high risk offenders, [1-070]
meeting whole case, opportunity of, [1-050]
open court, [1-000]
proposed sentence later increased, [1-040], [1-060]
reasons for decisionsee Reasons
serious offence warnings, [1-070]
terrorism-related offenders, [1-070]
Proof
mandatory life sentences and the burden of proof, [8-610]
onus of, [1-405]
prior record, [10-400]
standard of, [1-410]
Property
damage or destruction
s 10 order, [5-040]
Prosecution/prosecutor
charge negotiations, consultation with victim and police, [13-275]
delay by, [10-530]
obligations, [1-200]
appealable error, assist court to avoid, [1-200], [1-205], [1-220]
Barristers’ Rules, [1-205]
DPP Guidelines 28, [1-205]
duty of disclosure, [1-205]
submissions as to bounds of range prohibited, [1-203], [1-205]
submissions as to comparable and relevant cases, [1-200], [1-203], [1-205]
role, [1-200]
Prostitution
child, [17-540]
engaging in, [17-540]
obtaining benefit from, [17-540]
premises used for, [17-540]
promoting, [17-540]
Protection of society
mental condition of offender, [10-460]
protection of community, [2-250]
Protective custodysee Custody
Provocation
break, enter and steal offences, [17-050]
manslaughter, [40-010]
mitigating factor, [11-230]
objective factor, [7-910]
Psychiatric care
Commonwealth offenders, [16-110]
probation orders, [16-110]
Public justice offences
administration of justice, interference with, [20-150]
stage of proceedings, [20-150]
bribery, [20-180]
concealing serious indictable offence, [20-150]
conspiracy, [20-180]
contemptsee Contempt
corruption, [20-180]
De Simoni principle, [20-150]
deterrence and denunciation, [20-130]
disrespectful behaviour in court, [20-158]
false statements, [20-150], [20-170]
judicial officers, [20-140]
interference with, [20-160]
misconduct against, by participants in proceedings, [20-155]
misconduct in public office, [20-190]
assessing objective seriousness, [20-190]
common law offences, [20-190]
motive, [20-150], [20-170]
perjury, [20-170]
perverting the course of justice, [20-150]
charge not proceeded with, [20-150]
deflecting, [20-150]
frustrating, [20-150]
level of interference, [20-150]
motive, [20-150]
objective seriousness, [20-150]
police officers, [20-140]
politicians, [20-140], [20-190]
misconduct in public office, [20-190]
public officials, committed by, [20-140]
resisting/hindering/impersonating police, [20-190]
seriousness, [20-120]
solicitors, [20-140]
Public safety
disregard for, [11-140]
supplying drugs, [19-860]
“without regard for” and “placing the public at risk”, distinguished, [19-860]
Punishment
adequate for offence, [2-230], [3-630], [16-010]
deterrence, as, [2-240]
Purposes of sentencing
accountability, [2-270]
adequate punishment for offence, [2-230], [3-630], [16-010]
common law, [2-200], [2-210]
denunciation of conduct, [2-280]
deterrence, as, [2-240], [16-010]
enactment of s 3A, [2-210]
general deterrence, [2-240]
hierarchy, [2-200]
Muldrock v The Queen, [2-210], [2-240]
parsimony, [2-295]
protection of community, [2-250]
rehabilitation, [2-260], [16-010], [20-300]
retribution, [2-270], [2-297]
Form 1 offences, [2-297]
justice, [2-297]
vengeance, distinguished from, [2-270]
victim, recognition of harm to, [2-290], [12-810]

R

R v Henry
addiction, relevance of, [19-880], [20-010], [20-300]
application of, [10-040], [15-090], [20-300]
break, enter and steal, [17-020]
drug addiction not mitigating factor, [10-485]
effect on offences other than armed robbery, [10-040], [20-250]
guideline judgment for armed robbery, [10-040], [13-620], [20-240], [20-270], [20-290]
R v Ponfieldsee Ponfield
R v Way
double counting, [11-040]
guideline judgments, [13-640]
offence committed in company, [11-100]
supplying to undercover police, [19-860]
wrongly decided (Muldrock v The Queen), [7-890], [7-955], [19-840], [19-890]
R v Whyte
authoritative statement, last, [13-630]
compartmentalising, difficulties of, [9-710]
extent of injuries, [18-360]
guidance for dangerous navigation, [18-430]
guideline for dangerous driving offence, [18-300], [18-320], [18-330]
length of journey, [18-336]
mitigating factors, [18-380]
proportionality principle, [10-010]
test case for guideline judgments, [13-620]
R v Wong and Leung
drug importation, guideline judgment for, [13-620], [65-150]
Race
hatred and prejudice, actions motivated by, [11-130]
Indigenous persons, [10-470]
material fact, as, [10-470]
subjective matters, [10-470]
Reasons
aggravating factors
clear findings as to, [11-030]
brevity and adequacy, [1-010]
Children’s Court, [15-110]
Commonwealth offenders, sentencing, [16-010]
contemporaneity with passing of sentence, [1-020]
failure to backdate sentence, [12-500]
publication in oral form, [1-030]
reasoning process revealed, [1-010]
requirement to give, [1-010]
seriousness of the offence, [1-010]
Recognisancessee Conditional release orders
Commonwealth offenders, [16-020], [16-050]
statutory history, [2-000]
Recording a conviction
child offenders, [10-400], [15-020]
Commonwealth offenders, [16-020]
sexual intercourse with child 10-16, [5-040]
Reduction of penalties
assistance to authorities, [12-200]–[12-240]
backdating for pre-sentence custody, [12-500]
Commonwealth offenders, [16-010]
powers, [3-030]
pre-trial disclosure, [11-320], [11-910]
Rehabilitation
adjournment forsee Deferral of sentence
at large, [2-260]
children, sexual offences against
offender undertakes treatment, [17-570]
conditional liberty, impact on, [10-550]
deferral of sentence, [5-400]
delay, during a period of, [10-530]
drug trafficker, [19-835]
good prospects for, [11-270], [11-280]
Griffiths remand, [2-000]
intervention programssee Intervention programs
lengthening sentences, [2-260]
mental condition, and, [10-460]
offence and sentencing, delay between, [2-260], [10-530]
ongoing, [2-260]
parole, and, [2-260]
residential caresee Residential programs
sentencing, and, [2-260], [16-010]
special circumstances, [7-514]
young offenders, [20-300]
Release date
information relating to, [7-550]
Remorsesee Repentance and remorse
Reparation
Commonwealth offenders, [16-020]
Repentance and remorse
common law, [11-290]
compensation, voluntary, [12-860], [12-865]
evidence, lack of, [11-290]
guilty plea, and, [11-530]
mitigating factor, [10-420], [11-290]
Representative charges
sentencing, and, [10-030]
Residential programs
Bennelong Haven, [12-530]
Byron Private Treatment Centre, [12-530]
Glen Rehabilitation Centre, [12-530]
Guthrie House, [12-530]
Northside Clinic, [12-530]
Odyssey House, [12-530]
ONE80TC, [12-530]
quasi-custody, as, [12-530]
Salvation Army Bridge Program, [12-530]
Selah House, [12-530]
William Booth House, [12-530]
Restitution
acquittal, and, [10-540]
availability, [10-540]
mitigating factor, [10-540]
third party interests, [10-540]
Retrial
sentence following
“ceiling principle”, [10-700]
sentencing following, [10-700]
Retribution
extra-curial punishment, [10-520]
sentencing and, [2-270]
vengeance, distinguished from, [2-270]
Road offencessee Driving offences
Robbery
aggravation, [20-230]
arms and wounding, with, [20-270]
circumstances of, [20-230], [20-240]
company, in, [20-230]
deprivation of liberty, [20-230]
mail, stopping, [20-250]
wounding, with, [20-230]
aiders and abettors, [20-290]
armedsee Armed robbery
assault with intent to rob or steal, [20-220]
bag snatching, [20-220]
company in, [20-250]
concurrent or cumulative sentences, [8-230]
Crown appeals, Table, [20-310]
culpability, [20-290]
De Simoni principle, [1-500], [20-210], [20-220], [20-250], [20-260], [20-280]
aggravated robbery offences, [20-230]
assault with intent to rob or steal, [20-220]
definition, [20-200]
drug addiction, and, [20-300]
essence of, [20-200]
firearms, [20-290]
Form 1 offences, [20-290]
guideline judgment (R v Henry), [20-240]
effect on offences other than armed robbery, [20-250]
intellectual functioning, [20-300]
joint criminal enterprise, [20-290]
knives, [20-290]
maximum penalty, cases attracting, [20-220], [20-280]
mental health, [20-300]
most exceptional circumstances test, [20-260]
multiple counts, [20-290]
objective factors, [20-290]
offensive weapon, [20-250], [20-260], [20-270]
parity, [20-290]
principals in the second degree, [20-290]
standard non-parole periods, [8-000]
statutory scheme, [20-210]
stealing from a person, distinguished, [20-220]
subjective factors, [20-300]
summary disposal of, [20-220]
syringes, [20-290]
impact statements, [12-840]
Table, Crown appeals, [20-310]
totality, [20-290]
victims, [20-290]
weapons, use of, [20-290]
young offenders, [20-300]
Roll of solicitors
struck off
extra-curial punishment, [10-520]
Rule of law, s 21A(4)
interpretation, [11-040]

S

Section 12 good behaviour bondssee Suspended sentences
2018 sentencing reforms, abolished, [5-782]
Section 21A, [11-000]see also Aggravating factors; Mitigating factors
Sentence, commencement of
backdating, [7-540], [12-500]
bail conditions, [7-540], [12-530]
forward dating, [7-540], [7-547]
intervention programs, participation in, [7-540], [12-520]
MERIT, [7-540], [12-520]
offences while on parole, [7-540], [12-510]
pre-sentence custody, [7-540], [12-500]
protective custody, [7-540], [10-500]
Sentencing consistency, [10-022]
achieving consistency in sentencing, [10-020], [16-002]
drug offences, [65-130]
federal offences, [16-002]
JIRS statistics, [10-024]
Sentencing guidelinessee Guideline judgments
Sentencing principles, [16-002], [16-010], [17-541]
Sentencing statisticssee Statistics
Sentencing, comparative, [10-020], [10-022]
Commonwealth offenders, [16-002]
Setting terms of imprisonmentsee Non-parole periods
aggregate sentences, [7-500], [7-505]
applying discounts, and, [7-507]
backup and related charges, [7-507]
JIRS statistics, [10-024]
commencement of sentence, [7-540]
considerations, relevant, [7-500], [7-505]
court not to set, [7-530]
court parole orders, [7-570], [7-580]
court’s refusal to set, [7-520]
court to set, [7-500]
exclusion, [7-600]
forward dating sentences, [7-547]
implicit accumulation, necessity for, [7-505]
indicative sentences, [7-505], [7-507]
mixture of Commonwealth and State offences, [7-570]
obligations to assess, [7-505]
release date, information about, [7-550]
restrictions on sentence term, [7-560]
risk of re-offending, [7-500]
rounding sentences to months, [7-545]
settled propositions regarding, [7-507]
special circumstancessee Special circumstances
warrant of commitment, [7-590]
Sex offenders
intensive correction order, [20-750]
s 10 order, [5-040]
Sexual assaultsee Children, sexual offences against; Indecent assault
age gap, [20-630]
aggravated, [8-230], [20-620], [20-660]
company, in, [20-620], [20-670]
worst cases, [20-660], [20-670]
aggravating factors, [20-760], [20-810]
anal penetration, [20-630]
assault with intent to have intercourse, [20-680]
attempted intercourse, [20-640]
bestiality, [20-740]
childsee Children, sexual offences against
coercion, procured by, [20-700]
cognitive impairment, victim with, [20-710]
community attitudes, [20-604]
concurrent or consecutive sentences, [8-230]
consistent sentencing, [10-024]
context of offending, [20-630]
Crimes Act 1900, under, [20-600]
cultural conditioning, [20-775]
cunnilingus, [20-630]
De Simoni principle, [1-500], [20-650]
delay, impact on offender, [20-770]
digital penetration, [20-630]
domestic context, [20-775]
dress, victim’s, [20-775]
emotional harm, [20-810]
evidence of uncharged criminal acts, [20-840]
extra-curial punishment, [20-770]
fellatio, [20-630]
forced self-manipulation, [20-720]
hardship of custody, [20-770]
home invasion, [8-230], [20-760]
incest, [20-730]
indecent assault, [20-690]
injury, substantial, [20-810]
intercourse without consent, [20-640]
assault with intent to have, [20-680]
attempted, [20-640]
De Simoni principle, [20-650]
forms, [20-630], [20-640]
intimidation, procured by, [20-700]
intoxication, [20-760]
kidnapping, and, [18-740]
legislation, history, [20-605]
maximum penalties, increases, [20-610]
effect, [20-610]
medical practitioner as offender, [20-760]
mental condition of offender, [20-770]
mitigating factors, [20-770], [20-810]
multiple offences, [20-830]
concurrent or consecutive sentences, [8-230]
non-mitigating factors at sentence, [20-775]
cultural conditioning, [20-775]
manner of dress, [20-775]
pre-existing relationship, [20-775]
sexual history, victim’s, [20-775]
non-parole period
move upwards in length of, [20-620]
Muldrock v The Queen, [20-620], [20-640]
non-violent threats, procured by, [20-700]
objective gravity, assessing, [20-630]
penetration, forms of, [20-630]
prior convictions, absence of, [10-400]
prior relationship, relevance of, [20-775]
prior sexual conduct of victim, [20-775]
representative charges, [10-030]
risk of pregnancy, [20-760]
sentencing
offences committed years earlier, [17-410], [20-780]
statistics, [20-790]
sexual history of victim, [20-775]
sexual intercourse, definition, [20-630]
standard non-parole period, [20-620]
table, [8-000]
statutory scheme, [20-600]
legislative amendments, [20-605]
summary disposal, [20-770]
totality principle, [8-230], [20-820]
uncharged criminal acts, evidence, [20-840]
victim
cognitive impairment, [20-710]
vulnerability, [20-810]
victim impact statements, [12-832], [20-800]
weapon, use of, [20-760]
youth of offender, [20-770]
Short sentences
legislative reform, [2-000]
Social factors
deprived background, [10-475]
drug addiction, and, [10-485]
Indigenous persons, [10-470]
Solicitors
struck off roll
extra-curial punishment, [10-520]
Special circumstances
accumulation of individual sentences, [7-514]
addiction, drug and alcohol, [7-514]
age, [7-514]
court must give effect to finding, [7-516]
custody, protective, [7-514], [10-500], [17-570]
disability, [7-514]
discretionary power, [7-518]
double counting, [7-512]
drug and alcohol addiction, [7-514]
empirical study, [7-518]
factors, relevant, [7-512], [7-514]
family members, hardship, [7-514]
first custodial sentence, [7-514]
generally, [7-512], [7-514]
hardship to family members, [7-514]
ill health, [7-514]
institutionalisation, risk of, [7-514]
length of non-parole period, [7-516]
mental illness, [7-514]
Muldrock v The Queen, [7-512], [7-514]
parity with co-offender, [7-514]
past practices, [7-514], [17-410]
protective custody, [7-514], [10-500], [17-570]
rehabilitation, [7-514]
self-punishment, [7-514]
young offenders, [7-514], [7-518]
Special hearingssee Mental health
Spent convictions
sentencing, when, [10-400]
Standard non-parole periods
aggravated robbery offences, [20-230]
aggravated sexual offences, [7-895]
aggregate sentences, [7-505], [7-507], [7-895], [7-980]
settled propositions, [7-507]
written record of reasons, [7-980]
appeal, leave to, [7-895], [7-955]
extension of time, [7-955]
application of, [7-895], [65-380]
approach to sentencing, [10-030]
assault police, [50-120]
break and enter, [17-050]
car/boat rebirthing, [20-420]
children, sexual offences against, [7-895], [17-430], [17-480]
conspiracy, [65-380]
murder, [65-380]
solicit to murder, or, [30-090]
Crimes Amendment (Sexual Offences) Act 2008 (rep), under, [7-895]
Crimes (Appeal and Review) Act 2001, [7-955]
Crimes Legislation Amendment (Child Sex Offences) Act 2015, under, [7-895]
Crimes (Sentencing Procedure) Amendment Act 2007 (rep), under, [7-895]
Crimes (Sentencing Procedure) Amendment (Standard Non-parole Periods) Act 2013 (rep), [7-890], [7-895], [7-910], [7-920]
departure from, [7-980]
drug offences, [19-835], [19-840]
conspiracy offences, [19-855]
supplying drugs, [19-830]
duress, [7-910]
exclusions, [7-935]
firearm offences, [8-000], [60-040]
aggravation, [60-040], [60-050]
fixed terms, [7-507], [7-980]
Form 1 offences, [13-260]
guidepost, legislative, [7-895], [7-920], [7-955]
guilty plea cases, [7-955]
history, legislative, [7-895]
inapplicable, reference to, [7-935]
inclusions, [7-935]
leave to appeal out of time, [7-955]
legislative amendments, relevant, [8-100]
length of, [7-990]
mental condition, [7-910]
middle range, [7-925]
moral culpability, [7-920]
Muldrock v The Queen, [7-890], [7-895], [7-910], [7-920], [7-925], [7-955], [7-960], [7-985], [7-990]
after case, position, [7-890], [7-920]
cases decided before, [7-955], [7-960]
non-custodial sentence, [7-985]
objective factors, [7-910]
mental condition, [7-910]
other factors, [7-910]
provocation, [7-910]
“objective seriousness”
court assessment required, certain, [7-925], [10-010]
“middle of the range”, no need to assess, [7-895], [7-910], [7-925], [10-010], [17-050]
offences without, terminology, [10-010]
R v Way, wrongly decided, [7-890], [7-895]
referrals, [7-955]
refusal to set non-parole period, and, [7-520]
relative seriousness, [7-920]
re-opening not available, [7-955]
sentencing exercise, [7-920]
sentencing guidelines, [13-640]
sentencing procedure, [7-920]
sexual assault, [20-620]
Table, [7-895], [7-910], [7-920], [7-935], [7-980], [7-990], [8-000]
legislative amendments, [8-100]
terminology after introduction, [10-010]
weapon, prohibited, [8-000]
wound with intent, [50-080]
Standard of proof
application, [1-410]
balance of probabilities, [1-410]
beyond reasonable doubt, [1-410]
Statement of facts
agreedsee Agreed statement of facts
Statistics
advantages and disadvantages, [10-020], [10-024]
fraud cases, [19-960]
drug offences, [10-024], [65-130]
federal offences, [10-022], [10-024]
Hili v The Queen, [10-024], [10-026]
isolated incidents, [10-030]
JIRS, [10-020], [10-024]
changes to statistics, [10-027]
enhancement, [10-026]
explaining the statistics document, [10-025]
offender and offence characteristics, [10-026]
patterns of sentencing, [10-020], [10-024]
The Queen v Pham, [10-024], [10-026]
use of, [10-024]
NSW Court of Appeal statements, [10-024]
Stealingsee Break and enter; Robbery
break, enter and, [17-010]
specially aggravated, [17-040]
car or boat, [20-400], [20-420]
person, stealing from, [20-220]
robbery, distinguished, [20-220]
standard non-parole periods, [8-000], [17-050]
Subjective matters
age, [10-430]
advanced age, [10-430]
youth, [10-440]
ameliorative conduct, [10-560]
character, good, [10-410]
conditional liberty, [10-550]
appeal, on, [10-550]
escapee, status of, [10-550]
rehabilitation, impact on, [10-550]
contrition, [10-420]
delay, [10-530]
bail conditions, onerous, [10-530]
leniency, [10-530]
long period of, [10-530]
rehabilitation, [10-530]
sentencing practice, [10-530]
deportation, [10-570]
Migration Act 1958, [10-570]
mitigation matter, [10-570]
structuring a sentence, [10-570]
deprived background of an offender, [10-475]
drug addiction, [10-485]
attribution to some other event, [10-485]
categorise as a choice, [10-485]
Compulsory Drug Treatment Correctional Centre Act 2004, [10-485]
entrapment, [10-510]
undercover police officers, role of, [10-510]
ethnicity, [10-470]
extra-curial punishment, [10-520]
self-inflicted injuries, [10-520]
good character, [10-410]
child sexual offences, special rule, [10-410]
circumstances, carry less weight, [10-410]
hardship, [10-490], [10-500]
foreign nationals, [10-500]
police, former, [10-500]
pregnancy, [10-490]
prisoners, safety of, [10-500]
protective custody, [10-500]
young babies, [10-490]
health, [10-450]
chronic illness, [10-450]
foetal alcohol spectrum disorder, [10-450]
physical disability, [10-450]
special circumstances, [10-450]
intoxication, [10-480]
aggravating factor, [10-480]
mental condition, [10-460]
acting with knowledge, [10-460]
custody, more onerous, [10-460]
dangerousness, [10-460]
general deterrence, [10-460]
objective seriousness, [10-460]
protection of society, [10-460]
rehabilitation, [10-460]
prior record, [10-400]
absence of, mitigating factor, [10-400]
child offenders, [10-400]
common law, [10-400]
criminal offending history, gap in, [10-400]
federal offenders, [10-400]
foreign convictions, [10-400]
later criminality, [10-400]
ongoing criminal offending, [10-400]
precision in how factor taken into account, [10-400]
prior convictions, [10-400]
section 10 bonds, [10-400]
spent convictions, [10-400]
subsequent offending, [10-400]
undetected criminal offending, [10-400]
race, [10-470]
restitution, [10-540]
acquittal, effect of, [10-540]
availability, [10-540]
Children’s Court, [10-540]
good behaviour bonds, [10-540]
offences taken into account, [10-540]
subject matter, [10-540]
third party interests, [10-540]
Victims Rights and Support Act 2013, [10-540]
voluntary rectification, [10-560]
youth, [10-440]
Summary disposal
break, enter and steal offences, [17-030]
possibility of, [10-080]
sexual assault offences, [20-770]
Supreme Court
criminal proceedings under Mental Health (Forensic Provisions) Act 1990, [90-010]
dismissal, [90-020]
limiting terms, [90-040]
Suspended sentences
2018 sentencing reforms
abolished, Table, [3-500]
existing orders, operation of, [3-500]
operation of existing orders
3 years post 24 September 2018, [5-700]
power to order
repealed, [5-700]
pre-sentence custody, [5-800]
s 12 bond, breach, [5-780]
appeals against revocation, [5-810]
further offences, sentencing for, [5-785]
Local Court jurisdictional limits, [5-780]
revocation consequences, [5-790]
revocation decision, [5-782]
start of sentence, [5-790]
statutory history, [2-000]
repeal, [5-700]
Syringes
weapons, as, [20-310]

T

The Queen v Pham
applicable to NSW offences, [10-022]
assessment of sentences, [10-022]
consistency in sentencing, [16-002]
decisions of other courts, relevance of, [16-002]
drug offences, applicable to, [65-130]
statistics, use of, [10-024]
JIRS, enhancement of, [10-026]
Threats
extra-curial punishment, [10-520]
Totality principle
aggregate sentences, [7-505], [8-220], [8-230], [8-260]
settled propositions, [7-507]
concurrent and consecutive sentences, [8-210], [8-220], [8-230], [17-025]
definition, [8-200]
constrains and sets a lower limit, [8-200]
just and appropriate sentence, [8-200]
public confidence in sentencing, and, [8-200]
existing sentences of imprisonment, [8-230]
fines, and, [8-210]
fraud cases, [20-020]
imprisonment, and
applications of, [8-210]
apprehended domestic violence orders, [8-230]
assault and wounding, [8-230]
break, enter and steal, [8-230]
concurrent and consecutive sentences, choice between, [8-230]
crushing sentences, [8-220]
dangerous driving, [8-230], [18-400]
existing sentences of imprisonment, and, [8-230]
fraud, [8-230]
interstate sentences of imprisonment, [8-280]
limitation on consecutive sentences imposed by Local Court, [8-260]
multiple victims, [8-230]
offences involving assault by convicted inmate, [8-240]
offences involving escape by inmates, [8-250]
“orthodox method”, [8-230]
Pearce and Mill, [8-230]
robbery, [8-230]
severity non-linear, [8-220]
sexual assault, [8-230]
statutory provisions, [8-220]
structuring sentences of, [8-230]
non-custodial sentences, and, [8-210]
offences against State and Commonwealth laws, [8-210], [16-050]
parity, and, [10-830]
power to vary commencement date of sentences, [8-270]
separate indictments, [8-230]
sexual assault, and, [8-230], [20-820]
single episode of criminality, and, [8-230]
assault and wounding, [8-230]see also Assault
break, enter offences, [8-230]see also Break and enter
dangerous driving, [8-230]see also Driving offences
sexual assault, [8-230]see also Sexual assault
statutory provisions for, [8-220]
Traffic offencessee Driving offences

U

Uncharged criminal acts
sexual assault, [20-840]

V

Vessel offences
boat rebirthing, [20-420]
maximum penalty, [20-420]
Victim
attitude
relatives of victim, [12-850]
vengeance or forgiveness, [12-850]
cognitive impairment
sexual assault, [20-710]
community figure, [11-060]
compensation, [12-860], [12-863], [12-865], [12-867]
appeal, [12-865]
corporation, [12-869]
direction, [12-860], [12-863]
injury, for, [12-860]
loss, for, [12-860]
mitigating factor, not a, [12-865]
object, [12-865]
remorse, [12-865]
restrictions on power, [12-865]
victim’s support levies, [12-867]
voluntary, [12-865]
conduct of victim of driving offence, [18-370]
corporation, [12-869]
domestic violence, [12-850], [63-510]
drug addict, vulnerability of, [19-890]
emotional harm, substantial, [11-120]
impact on
age, [10-070]
aggravating factor, as, [10-070], [12-810]
injury, substantial, [11-120]
multiple victims as aggravating factor, [11-180]
provocation by, [11-230]
public figure, [11-060]
recognition of harm to, [2-290]
restitution, and, [10-540]
risk, occupation carrying, [11-060]
sexual assault
cognitive impairment, victim with, [20-710]
prior relationship, relevance of, [20-770]
prior sexual conduct of victim, [20-775]
vulnerability, [11-170], [17-440]
sexual assault, [20-760]
Victim impact statements
additional sources, [12-870]
aggravating factors, [12-830]
alleged offences, [12-830]
applications, [12-820]
challenges to, [12-830]
children, sexual offences against, [12-832]
Commissioner of Victims Rights, discretion of, [10-540]
common law, at, [12-800], [12-810]
Commonwealth offenders, [16-010]
community harm, [12-838]
cross-examination, [12-830], [12-870]
dangerous driving offences, [18-365]
De Simoni, and, [12-836]
death cases, [12-810], [12-838]
definition, [12-832]
definitions, [12-820]
eligibility, [10-540]
evidentiary status and use of, [12-830]
fact-finding, proper approach, [12-830]
family victims, [12-810], [12-820], [12-838]
federal offences, [12-870]
forms, [12-820]
“harm”, scope of under s 28(4), [12-838]
“impact”, scope of under s 26, [12-838]
importance of, [12-790]
legislation relevant, [12-820]
Mental Health Review Tribunal, [12-839]
offender forensic patient, [12-839]
offender mentally ill, [12-839]
personal harm, definition, [12-820]
primary victim, [12-820]
proceedings commenced
at any time, [12-820]
before 27 May 2019, [12-820]
on and after 27 May 2019, [12-820]
reading out statements, [12-820]
reports, and, [12-832]
robbery, [12-840]
sentencing, and, [12-810]
sexual abuse of a child, [12-830]
sexual assault, [12-832], [20-800]
statutory scheme, [12-820], [12-825], [12-839]
amending legislation, [12-820]
non-compliance with, [12-820]
scope of “impact” and “harm”, [12-838]
submissions, [12-839]
substantial harm, [12-830]
using, [12-830]
Victims Support Scheme, [10-540]
Violence
actual or threatened, [11-070]
break and enter offences, [17-070]
deprived background, [10-475]
gratuitous cruelty, [50-140]
home of victim, committed in, [50-140]
intoxication of offender, [50-150]
mitigating factors, [50-160]
offence committed in company, [50-140]
personalsee Assault
premeditated, [50-140]
provocation, [50-160]
serious personal violence offences, definition, [11-000]
substantial harm, [50-140]
unprovoked offence, [50-140]
vulnerable victim, against, [50-140]

W

Weapon
actual or threatened use, [11-080]
resisting arrest, [50-080]
use of weapon, [50-090]
standard non-parole periods, [8-000]
Witnesses
influencing, [20-160]
breach of trust, [20-160]
reprisals against, [20-160]
Wong v The Queen; Leung v The Queen
drug importation sentencing guideline, [13-620], [65-150]
Worst cases
dangerous driving, [18-400]
drug offences, Commonwealth, [65-130]
firearms, [60-040], [60-060]
maximum penalty, [10-000], [10-005]
money laundering, [65-205]
murder, [30-030], [30-040], [30-090]
premeditation and planning, [10-040]
robbery, [20-220], [20-280]
sexual assault, [20-660]
Woundingsee Assault
definition, [50-070]
grievous bodily harmsee Grievous bodily harm
personal violence offences, [50-020]
recklessly causing, [50-070]
De Simoni considerations, [50-070]
extent and nature of injuries, [50-070]
standard non-parole periods, [50-070]
statutory framework, [50-000]

Y

Young babies
hardship, and, [10-490]
Young offenderssee Children; Detention centre; Imprisonment; Non-parole periods
adult co-offenders, parity and, [10-820], [20-300]
age as mitigating factor, [10-440], [11-280], [11-300], [15-010], [15-015]
age as special circumstance, [7-514], [7-518]
Commonwealth offenders, [16-080]
deterrence, [2-240]
driving offences, [18-380]
imprisonment, [15-070]
mandatory life sentences, [8-600]
rehabilitation, [20-300]
exceptions, [20-300]
remission, [15-070]
robbery, [20-300]
sentencing, principles of, [20-300]
sexual assault offences, [20-770]