Index

[References are to paragraph numbers]

A

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 sentencessee Correction and adjustment of sentences
Age, [10-820]see also Young offenders
advanced, [10-430]
effective life sentence due to age, [8-610]
mitigating factor, [11-300]
children, sexual offences against, [17-570]
sexual assault
difference in, [20-630]
youth, [10-440], [15-010]
Aggravating factors
apprehended violence orders, breach of, [63-515], [63-518], [63-520]
armed robbery, [20-260], [20-270]
arrest, resisting, [50-080]
use of weapon, [50-090]
assault law enforcement officers, frontline emergency and health workers, [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], [17-040], [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]
clear findings, as to factors, [11-030]
common law, additional to, [11-000], [11-040]
Commonwealth offenders, [16-025]
company, offence committed in, [11-100]
break and enter, [17-070]
definition, [11-100]
double counting, [11-040]
robbery, [20-230], [20-260]
sexual assault, [20-620], [20-670]
conditional liberty, [10-550]
offence committed while on, [11-150]
dangerous driving, [18-310], [18-320], [18-390]
De Simoni, [1-500]see also De Simoni principle
domestic violence, [63-515], [63-520]
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, [11-120]
fact finding, [1-430]
financial gain, [11-192], [19-990]
fraud, [11-192], [19-980], [19-990]
gratuitous cruelty, [11-110]
grave risk of death, [11-145]
hatred, actions motivated by, [11-130]
home, offence committed in, [11-105]
“in addition to any Act or rule of law”, [11-000]
injury, substantial, [11-120]
intoxication, [10-480]
legislation
background, [11-010]
loss or damage, substantial, [11-120]
mitigating factors, [11-200]
multiple offences, [11-030]
multiple victims, [11-180]
fraud cases, [19-990]
murder, [30-040]
participation, degree of, [10-050]
personal violence, [50-140], [50-150], [63-520]
planned or organised criminal activity, [11-190]
arrival in Australia for purpose of, [19-990]
definition, [11-190]
fraud, [19-990]
offence not part of, [11-220]
pregnancy, risk of, [20-760]
prejudice, actions motivated by, [11-130]
premeditation and planning, [10-040]
presence of a child under 18, [11-101]
prior record, [10-405], [11-090], [11-250], [17-440]
proof, onus of, [1-405]
public or community figures, offences against, [11-060]
public safety, disregard for, [11-140]
reason for decision identifying, [1-010]
robbery, [20-230]
series of criminal acts, [11-180]
serious personal violence offence, [11-000], [50-150]
sexual assault, [20-760], [20-810]
breach of trust, [20-760]
home invasion, [8-230], [20-760]
intoxication, [20-760]
medical practitioner as offender, [20-760]
pregnancy, risk of, [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, [20-260]
violence, actual or threatened, [11-070]
vulnerability of victim, [11-170], [17-440]
weapon
actual or threatened use, [11-080], [20-260], [20-760]
sexual assault, [20-760]
Aggregate sentencing
5-year limitation, [7-505]
appeals, [70-035], [70-090]
backup and related charges, [7-507]
Commonwealth offenders, [16-035]
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]
non-parole periods, refusal to set, [7-950]
reasons for imposing, [7-507]
refusal to set non-parole periods, [7-520]
guilty plea, [11-520]
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], [7-950]
sentence term 6 months or less, [7-530]
setting dates for each sentence, [7-505]
settled propositions regarding, [7-507]
standard non-parole periods, [7-950]
record of reasons, [7-950]
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]
Alcohol, [10-485]see also Intoxication
deprived background, [10-470]
high range prescribed concentration of alcohol (PCA) offences
dismissal of charge, [5-040]
Indigenous persons, [10-470]
Appeals, [70-060]see also 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, [70-035], [70-090]
assistance to authorities
satisfied beyond reasonable doubt, [12-240]
withdrawal, [12-240]
conditional liberty, offence committed in breach of, [10-550]
consistency in sentencing, [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
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]
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, [10-405]
procedural fairness, [1-060]
report on appeal
double jeopardy, [70-115]
re-sentencing, and, [70-110]
sentence warranted in law, [70-040]
severity, [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 Appeal, [70-060]see also 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]
aggregate sentences, [70-035]
Children’s Court discretionary powers, [15-040]
convicted person, by
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]
Crown, by, [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]
time limits, [70-070]
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 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]
guideline judgment, [13-620], [20-215]
Assault
aggravating factors, [50-140]
arrest, resisting, [50-080]
use of weapon, [50-090]
causing death while intoxicated, [50-085]
child sexualsee Children, sexual offences against
choking offences, [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]
inmates, against, [50-130]
intent to harm, [50-040]
intent to have intercourse, and, [20-680]
intent to rob or steal, and, [20-220]
intoxicating substance, administration of, [50-110]
intoxication, [50-150]
law enforcement officers, 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]
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]
prison officers, against, [50-130]
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]
woundingsee Wounding
Assessment reportssee Community-based orders; Intensive correction orders
Assistance to authorities
Commonwealth offenders, [16-025]
contrition, and, [10-420]
Crown appeal following failure to assist, [12-240]
discounting, [12-230]
Commonwealth offenders, [16-025]
drug offences, [19-880], [65-140]
principles, [12-220], [12-225]
quantify discount for future assistance, requirement to, [12-240]
drug offences, [19-880], [65-140]
extension to, [12-215]
disclosure of guilt, [12-215]
sexually abused offenders, [12-215]
non-publication orders, [12-210]
penalties, reduction of, [12-200], [12-225]
Crown appeals, [12-220]
legislative power to reduce sentence, [12-200]
reporting sexual abuse, [12-215]
unreasonably disproportionate, [12-220]
post-sentence co-operation, [12-240]
procedural fairness, denial of, [12-210]
promise to assist, withdrawal of, [12-240]
statement of assistance, [12-210]
use of statement of assistance adversely, [12-240]
Attempted murdersee Murder

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
breach of, [5-420]
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]
Breach of trust
children, sexual offences against, [17-440], [17-560]
element of offence, as existing, [11-160]
fraud
accountants, [19-970]
aggravating factors, [19-990]
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]
sexual assault, [20-760]
witnesses, traumatic effect on, [20-160]
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]
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]
guideline judgment, [13-620], [17-020]
Local Court proceedings, [17-030]
mitigating factors, [17-070]
prior record, [17-020], [17-050]
provocation, [17-050]
serious indictable offence, committing, [17-010]
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]
Briberysee Public justice offences

C

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, [16-025]
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, [16-060]
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, [15-040]
jurisdiction of Children’s Court, [15-000]
murder, [30-025]
non-association or place restriction orders, [15-110]
penalties, [15-010], [15-040], [15-110]
principles of criminal jurisdiction, [15-010]
prior offences, [10-405], [15-020]
probation, [15-110]
provisional sentencing of children under 16 years, [30-025]
restitution, and, [10-540]
sentencing principles, [15-090]
serious children’s indictable offences, [15-000], [15-040]
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]
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]
discretionary powers, [15-040]
care in exercise of, [15-040]
miscarriage, [15-040]
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]
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, [15-090]
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]
vulnerability of victim, [11-170], [17-440]
breach of trust, [11-160], [17-440], [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, [17-543]
good character of offender, [10-410], [17-570]
previous, [11-260]
grooming, [17-535]
incitement to commit, [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, [7-970], [17-480]
maximum penalties
increased, [17-400]
mitigating factors, [17-440]
age of offender, [17-570]
consent, [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, [7-970], [17-430], [17-480]
State and Commonwealth offences, mixture of, [17-541]
table of offences, [17-420]
victim impact statements, [12-832]
voyeurism
aggravating factors, [17-543]
vulnerability of victim, [11-170], [17-440]
child under special care, [17-530]
worst cases, [17-500], [17-510]
Common law
bribery and corruption, [20-180]
compartmentalising sentencing considerations, [9-710]
conspiracy, [65-300]
contempt of court, [20-155]
definition, [20-200]
fallacy, relevance of, [9-720]
misconduct in public office, [20-190]
objective and subjective factors, [9-700]
sentencing, purposes, [2-200]
Commonwealth offenders, [19-880], [65-205]see also Drug offences; Money laundering (Cth)
Aboriginality, [10-470]
additional offences, taking account of, [16-025]
age, [16-025]
assistance to authorities, [16-025]
child abuse/pornography offences, [17-541]
children, [16-060]
condition, mental or physical, [16-025]
conditional release, [16-025], [16-030]
conditional release after conviction, [16-050]
conditions and supervision, [16-050]
decision-making process, [16-050]
licence, [16-050], [16-055]
parole, [16-050], [16-055]
consistent sentencing, [16-035]
other cases, sentencing in, [16-035]
conspiracy, [65-420]
contrition, [16-025]
cultural practice, [16-025]
customary law, [16-025]
deportation, [10-570], [16-040]
deterrence, [16-025]
discharge without conviction, [16-030]
discounting, [16-025]
explaining order, [16-025]
fact finding, [16-025]
family/dependants, hardship to, [16-025]
fines, [6-160], [16-030]
general principles, [16-025]
good character, [16-025]
guideline judgments, [16-025]
guilty plea, [16-025]
hospital orders, [16-070]
imprisonment, [16-015], [16-030]
child sex offences, [16-015]
commencement date, [16-015]
cumulative or concurrent, [16-030]
recognizance release order and, [16-030]
intellectual disability, [16-070]
intensive correction orders, [3-680], [16-030]
matters “relevant and known to the court”, [16-025]
maximum penalties, [16-020]
means, [16-025]
mental illness, [16-070]
multiple offences, [16-040]
non-custodial sentences, [16-015], [16-030]
non-parole periods, [16-005]
parole, [16-050]
passports, restrictions on, [16-065]
penalties, [16-025]
pre-sentence reports, [16-005], [16-025]
prior convictions, [10-405]
program probation orders, [16-070]
psychiatric orders, [16-070]
punishment, [16-025]
reasons, requirement to give, [16-025]
recognizance release order, [16-015], [16-030]
rehabilitation, [16-025]
remissions, [16-045]
reparation, [16-030]
sentencing principles, [16-010]
severity, appropriate, [16-025]
State or Territory sentencing alternatives, [16-015], [16-030]
statistics, use of, [10-022], [10-024]
totality principle, [16-040]
undertaking, failure to comply, [16-025]
victim impact statements, [12-870], [16-025]
young offenders, [16-060]
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, [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, [16-030]
order requiring
fines and, [6-140]
young offenders, [15-110]
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, [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 orders, [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, [16-030]
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]
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, [5-050]see also Conditional release orders
Commonwealth offenders, [16-030], [16-050]
conditions and supervision, [16-050]
decision-making process, [16-050]
failure to comply with conditions, [16-030]
licence, [16-050], [16-055]
parole, [16-050], [16-055]
conditional release order, [5-000]
Conditional libertysee Community correction orders; Conditional release orders; Parole
Conditional release orders, [5-050]see also Conditional discharge
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]
discharge under, [5-010]
factors, trivial nature of offence, [5-030]
first offenders, [5-030]
mental condition, [5-030]
dismissal of charge, [5-000], [5-020]
affray, [5-040]
aggravated break and enter, [5-040]
corporations, [5-035]
demerit points, [5-040]
driving offence, [5-070]
high range prescribed concentration of alcohol (PCA) offences, [5-040]
marine pollution, [5-040]
offences, [5-040]
property damage/destruction, [5-040]
trivial, [5-040], [5-060]
domestic violence, [63-505]
fines, and, [6-130]
good behaviour bonds, replaced by, [4-700], [5-005]
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]
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]
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, [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
Control orderssee Children
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, [7-900]
parity, [10-801], [10-805]
Crown appeals, [10-850]
different charges, [10-810]
joint criminal liability, [10-807]
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, [10-801]
special circumstances, [7-514]
totality and, [10-830]
voluntary disclosure, [12-218]
Correction and adjustment of sentences
implied power, [13-900], [13-910]
power, limits of, [13-920]
slip rule, [13-900], [13-910]
Corruptionsee Public justice offences
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 (Sentencing Procedure) Act 1999
primacy, [2-010]
statutory history, [2-000]
Crown
appealssee Appeals
Form 1 offences
decision as to what constitutes, [13-250]
obligation to strike a balance, [13-250]
Culpabilitysee Moral culpability
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]
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 firesee Fire
Dangerous behaviour
predicting, [2-250]
Dangerous drivingsee Driving offences
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]
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]
traffic offender intervention program, [5-440]
object, [5-400]
rehabilitation, for, [5-400]
terms and conditions, [5-410]
Delay
arrest and charging, between, [10-530]
bail, while on, [10-530], [12-520]
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]
Deportation
Migration Act 1958 (Cth), [10-570]
discretionary cancellation provisions, [10-570]
mandatory cancellation provisions, [10-570]
non-parole periods, [10-570]
sentencing, and, [10-570]
Deprived backgroundsee Social factors
Detain for advantage
attempts to commit, [18-705]
Crimes Act 1900, under, [18-700]
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]
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]
Deterrence
advanced age as mitigating factor, [10-430], [11-280]
child sexual assault, [17-400]
Commonwealth offenders, [16-025]
criticisms notwithstanding, [2-240]
dangerous driving offences, [18-340]
intoxication, [18-340]
drug supply offences, [19-835]
fraud offences, [19-940]
general
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]
Disadvantagesee Social factors
Dishonesty offences
breach of trust cases, [10-060]
Dismissal of charges, [5-000]see also Conditional release orders
child offender, [15-110]
conditions, with or without, [5-000]
conviction not recorded, [5-000]
conviction with no other penalty, [5-300]
good behaviour bond unavailable
transitional provisions, [5-000]
Dismissal of charges under s 10see Conditional release orders
Disputed issuessee Fact finding
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 and Cognitive Impairment Forensic Provisions Act 2020, [90-010]
dismissal, [90-020]
limiting terms, [90-040]
Domestic violence
aggravating factors, [63-510], [63-520]
alcohol-fuelled conduct, [63-510]
apprehended violence order, [63-505], [63-515], [63-520]
breach, [63-518], [63-520]
interim, [63-505]
stalking and intimidation, [63-520]
break, enter and steal offences, [17-050]
brutal conduct, [63-510]
community correction orders, [4-410]
concurrent or consecutive sentences, [8-230]
defined, [63-505]
detain for advantage/kidnapping, [18-715]
intention, [63-520]
intimidation, [63-520]
murders, [30-047]
national recognition scheme, [63-500]
personal violence offence, as, [50-130], [63-505]
prior record, [11-090]
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]
Double jeopardy
Crown appeals, [70-090]
principles applicable to, [70-090]
rarity, [70-090]
prohibition against, [3-020]
Driving offences
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, [18-310], [18-320], [18-334], [18-390]
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]
failure to stop and assist, [18-415]
grievous bodily harm, occasioning, [18-310]
guideline judgment, [13-620], [18-300], [18-320], [18-330], [18-332], [18-334]
intoxication, [10-480]
length of journey, relevance, [18-336]
licence disqualification, [18-410]
manslaughter, [18-370], [40-030]
misjudgement, [18-332]
mitigating factors, [18-334], [18-380]
momentary inattention, [18-332]
moral culpability, [18-330]
multiple victims, [8-230]
negligence, degree of, [18-370]
prior record, [18-334]
responsibility, abandonment of, [18-330]
statutory history, [18-300]
statutory scheme, [18-310]
substantive matters, [18-310]
totality, and, [8-230], [18-400]
victim impact statements, [18-365]
dangerous navigation, [18-420]
guideline judgment, [18-430]
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, [5-070]
demerit points, [5-060]
restrictions, [5-040]
driver’s licence
suspension or cancellation, [6-140]
family, hardship to, [18-380]
good character, [18-380]
good character of offender, [10-410]
grievous bodily harm, occasioning, [18-360]
aggravated dangerous driving, [18-310]
dangerous driving, [18-310]
injury sustained by offender, [18-380]
motor vehicle manslaughter, [18-350], [40-030]
prescribed concentration of alcohol (PCA) offences (high range)
dismissal charge, [5-040]
guideline judgment, [13-620]
prescribed traffic offence, [11-195]
child under 16 years as passenger, [11-195]
definition of, [11-195]
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 offences
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]
deemed supply, [19-830]
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]
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]
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]
standard non-parole period, [8-000], [19-840]
table, [8-000]
subjective factors, [19-880], [65-140]
substantial injury or harm, [19-890]
summary disposal, [65-130]
supply, [19-830], [19-835], [19-840]
objective seriousness, meaning of, [19-850]
ongoing, [19-850]
undercover police, to, [19-860]
trafficking, [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

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 sentencingsee Correction and adjustment of sentences
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]
sentencing proceedings, [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]

F

Fact finding
aggravating factors, [1-430]
conspiracy, [65-320]
dangerousness, [10-460]
disputed issues
committal for sentence, following, [1-470]
resolution of, [1-420]
evidence, rules of, [1-480]
exceptions, [1-445], [17-500]
guilty plea, following, [1-450]
judicial task, [1-400]
jury verdict, following, [1-440]
mitigating factors, [1-430]
plea agreements, [1-455]
proof, onus of, [1-405]
proof, standard of
balance of probabilities, [1-410]
beyond reasonable doubt, [1-410]
sentence, at, [1-400]
untested self-serving statements, [1-490]
Facts statements
agreedsee Agreed statement of facts
Federal offencessee Commonwealth offenders
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 offenders, [6-160], [16-030]
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, [6-110], [6-120]
consideration of accused’s means to pay, [6-160]
penalty units, [6-100], [6-110], [6-160]
Commonwealth, [6-160]
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]
dishonestly, [63-012]
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]
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, [10-405]
Form 1 offences — sentencing
benefits of admitting guilt, [13-212]
“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]
retribution, and, [2-297]
serious offences, [13-240]
statutory requirements, [13-200]
unrelated offences, [13-240]
Fraud
aggravating factors, [11-192], [19-980], [19-990]
breach of trust cases, [10-060], [19-930]
accountants, [19-970]
aggravating factors, [19-990]
Commonwealth fraud offences, [20-060]
directors, [19-970]
employees, [19-940], [19-970]
legal practitioners, [19-970]
nursing home operators, [19-970]
professionals, [19-970]
senior employees, [19-970]
civil penalties to sentence, relevance of
Commonwealth fraud offences, [20-060]
Commonwealth fraud offences
breach of trust, [20-060]
civil penalties to sentence, relevance of, [20-060]
corporate fraud, [20-065]
currency fraud, [20-065]
delay, [20-060]
general fraud, [20-065]
offences against financial system, [20-065]
sentencing principles, [20-060]
social security fraud, [20-065]
tax fraud, [20-065]
concurrent or consecutive sentences, [8-230]
conspiracy, [65-320]
delay
Commonwealth fraud offences, [20-060]
deterrent sentences, [19-940]
equivalent offences under previous statutory scheme, [20-035]
false or misleading statement, [20-035]
forgery offences, [20-038]
previous statutory scheme, [20-038]
general deterrence
Commonwealth fraud offences, [20-055]
identity offences, [19-930], [20-037]
larceny
clerk or servant, by, [20-039]
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]
offence, nature of, [19-930]
sentencing principles
Commonwealth fraud offences, [20-050], [20-055], [20-060]
NSW, [20-035]
statutory framework, [19-930]
Commonwealth, [20-045]
NSW fraud offences, [19-935]
totality principle, [20-020]
white collar crime, generalisations, [20-020]
Fresh evidence rulesee Appeals

G

General deterrencesee Deterrence
Good behaviour bonds, [5-040]see also Conditional release orders
2018 sentencing reforms
abolished, Table, [3-500]
child offender, [15-110]
Children’s Court
fines, [6-170]
replacedsee Conditional release orders
transitional provisions
deemed conditional release orders, [4-720]
Grievous bodily harm
arrest, resisting, [50-080]
use of weapon, [50-090]
definition, [50-070]
driving offences, [18-360]
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]
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
armed robbery, [13-620], [20-215]
Attorney General, on application of, [13-610]
break, enter and steal, [13-620], [17-020], [17-050]
“check”, as, [13-630]
children, [15-090]
Commonwealth offenders, [16-025]
concept and purpose, [13-600]
dangerous driving, [13-620], [18-320]
dangerous navigation, [18-430]
departure from, reasons for, [13-630]
drug importation, [13-620], [65-150]
Form 1 offences, [13-210]
guidelines, [13-630]
guilty plea, [11-520]
juvenile offenders, [15-090]
legislative reforms, [2-000]
own motion, on, [13-610]
prescribed concentration of alcohol (PCA) offences (high range), [13-620]
promulgation of, [13-620]
robbery, [20-240]
effect on offences other than armed robbery, [20-250]
“sounding board”, as, [13-630]
standard non-parole period offences, [13-640]
standard non-parole periods, [17-050]
statutory scheme, [13-610]
test case, [13-620]
Guilty plea
aggregate sentence, [11-520]
agreed statement of factssee Agreed statement of facts
agreements
fundamental principles, [1-455]
writing, requirement for, [1-455]
child offender, [15-110]
Commonwealth offenders, [16-025]
contrition and, [10-420], [16-025]
court obligations, [11-504]
Crown case, relevance of strength, [11-520]
delay, [11-520]
discount, [11-520], [12-225], [16-025]
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
disputes, [1-470]
fact finding following, [1-450]
guideline judgment, [11-520], [13-620]
mandatory life sentence, [8-610]
remorse and, [11-530], [16-025]
setting aside, [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]
willingness to facilitate course of justice, [11-520]
withdrawal of plea, [11-505]

H

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, [16-025]
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]
Henry guideline judgment
Armed robbery, [20-215]
Hili v The Queen
fixing non-parole periods, [7-500], [19-835]
manifest inadequacy, [70-090]
patterns of sentencing, [10-020], [10-022], [10-024], [10-026], [16-035], [65-150]
Home detention
2018 sentencing reforms
abolished, Table, [3-500]
Home invasion
multiple incidents committed with co-offenders, [7-900]
sexual assault, [8-230], [20-760]

I

ICOssee Intensive correction orders
Immigration detention
pre-sentence custody, [12-510]
taken into account, [12-510]
Imprisonment, [7-500]see also Setting terms of imprisonment
advanced age, [10-430]
alternatives to
dismissal of charges, [5-030]
fines, [6-100]see also Fines
intensive correction order, [3-600]see also Intensive correction orders
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
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
Commonwealth offenders, [16-015]
backdating sentence, [16-015]
commencement, [16-015]
cumulative or concurrent, [16-030]
detention in State or Territory prison, [16-015]
recognizance release order and, [16-030]
restrictions, [16-015]
custodysee Custody
drug offences, [19-835]
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]
six months or less, sentence of, [3-634]
two years or less, sentence of, [3-600], [3-610]
lifesee Consecutive 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]
young offenders, [15-070]
Incestsee Sexual assault
Indecent assaultsee Sexual assault
Indigenous persons
alcohol, [10-470]
economic factors, [10-470]
hardship, [10-470]
sentencing principles, [10-470]
Injury
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]
Intensive correction orders
2018 sentencing reforms
restructured, Table, [3-500]
aggregate sentencing, [3-620]
assessment reports, [3-632], [3-635]
risk of re-offending, [3-632]
availability, [3-600], [3-634]
breach, [3-670]
child pornography, [3-630]
children, sexual offences against, [17-550]
commencement, [3-660]
Commonwealth offences, [3-680]
Commonwealth offenders, [16-030]
conditions, [16-025]
community safety, [3-632]
conditions, [3-640]
court pronouncement, [3-660]
domestic violence, [63-505]
drug and alcohol restrictions, [3-640]
full-time imprisonment, instead of, [3-630]
imprisonment, as, [3-630]
inherent leniency, [3-630]
multiple orders, [3-650]
offender assessment/suitability, [3-620]
provisions, [3-660]
punishment, issue of, [3-630]
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]
Intoxication, [10-470]see also Alcohol
aggravating factor, as, [10-480]
aggravation or mitigation, as, [10-485], [11-335]
sexual assault offences, [20-760]
dangerous driving, [18-310]
deterrence, [18-340]
dangerous navigation, [18-430]
non-mitigating factor, [10-040]
non-mitigating factor, as, [10-480]
out of character exception, abolished, [10-480]
personal violence offences, [50-150]
self-induced, [10-480]

J

JIRS sentencing statisticssee Statistics
Joint criminal enterprise
degree of participation, [10-050]
detain for advantage/kidnapping, [18-715]
detain of advantage/kidnapping, [18-730]
manslaughter, [40-050]
moral culpability, [7-900]
murder, [30-070]
robbery, [20-290]
Judicial officerssee Public justice offences
Jurisdiction
Children’s Court, [15-000]
criminal proceedings, [15-100]
other courts, [15-000]
principles of criminal jurisdiction, [15-010]
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

K

Kidnapping, [18-705]see also Detain for advantage
attempts to commit, [18-705]
circumstances of detention, [18-715]
Crimes Act 1900, under, [18-700]
detaining for advantage, [18-715]
domestic violence, [18-715]
double counting, [18-720]
gravamen of offence, [18-700]
joint criminal enterprise and role, [18-730]
kidnappingsee Kidnapping
motivation, [18-715]
non-custodial sentences, inappropriate, [18-715]
period of detention, [18-715]
person being detained, [18-715]
purpose of detention, [18-715]
statistics, use of, [18-715]
vigilante action, [18-715]
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]
Life sentencessee 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]
Loss or damage
not substantial, relevance of, [11-210]
substantial, relevance of, [11-120]
victim compensation, [12-860], [12-863], [12-865], [12-867]

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, [16-070]
fresh and new evidence, [70-060]
mitigating factor, as, [10-450]
psychiatric care, [12-520]
Mental condition
Commonwealth offenders, [16-070]
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, [7-890]
offender
children, sexual offences against, [17-570]
relevance, [10-460]
purpose of punishment, [20-290]
rehabilitation, [10-460]
robbery and, [20-290]
sexual assault offences, [20-770]
special circumstances, [10-450]
Mental health
chronic illness, [10-450]
Commonwealth offenders, [16-070]
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 officesee Public justice offences
Mitigating factors
addiction, [10-485], [19-880]
fraud cases, [20-010]
robbery, [20-280]
advanced age, [10-430]
children, sexual offences against, [17-570]
age, [11-300]
aggravating factors, mirroring, [11-200]
ameliorative conduct, [10-560]
assistance to authorities
Commonwealth offenders, [16-025]
contrition and reparations, [16-025]
drug offences, [19-880], [65-140]
legislation, [12-200]
break and enter, [17-070]
children, sexual offences against, [17-440], [17-570]
Commonwealth offenders, [16-025]
confiscation, [11-000]
contrition, [10-420], [11-290]
Commonwealth offenders, [16-025]
evidence of, [11-290]
delay, [2-260], [10-530], [20-770]
fraud, [20-000]
deportation, [10-570]
deprived background, [10-470]
driving offences, [18-380]
drug addiction, not mitigating factor, [10-485]
drug offences, [19-870], [19-880], [19-890], [65-130], [65-140]
duress, [11-240]
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, [16-025]
driving offences, [18-380]
drug offences, [19-880], [65-140]
fraud, [20-000]
guilty plea
fraud, [20-000]
hardship, [16-025]see 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]
cultural conditioning, [20-775]
dress, victim’s, [20-775]
drug addiction, [10-485]
forfeiture of proceeds of crime, [11-350]
gambling addiction, [20-010]
intoxication, [10-040], [10-480], [11-335], [50-150]
loss of parliamentary pension, [11-355]
manner of dress, [20-775]
pre-existing relationship, [20-775]
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, [10-405], [11-250]
fraud, [20-000]
later criminality, [10-405]
subsequent offending, [10-405]
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, [16-025]
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]
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
assessing, [10-400]
dangerous driving, [18-330]
extreme, and life sentences, [8-610]
fact finding, [1-420]
factors, related to
alcohol abuse and violence, [10-470]
deprived background, [10-470]
driving offences, [18-380]
drug addiction, [10-485]
entrapment, [10-510]
gambling addiction, [20-010]
harm intended, [30-040], [40-000], [50-000]
in company, [11-100]
intoxication, [10-480]
joint criminal enterprise, [10-807]
mental condition, [10-460], [20-000]
motive, [60-070], [65-130]
multiple offences/victims, [8-640], [11-180]
provocation, [11-230]
robbery, [20-290]
subjective matters, [10-400]
victim of child sexual abuse, [17-570]
objective factor, [7-900], [9-710], [10-010], [10-012]
prior record, [10-405]
role in sentencing, [10-400]
aggregate sentence, [7-507], [7-514]
agreed statements of facts, [1-460]
difficulty of compartmentalisation, [9-710]
purposes of sentencing, [2-240], [2-290], [2-297]
relationship with objective seriousness, [7-900], [9-710], [10-010], [10-012]
standard non-parole period, [7-900]
sentencing, role in
fact finding, [1-400]
Muldrock v The Queen
aggregate sentences, [7-500]
appeals, earlier and later cases, [7-940]
cases decided before decision, [7-940]
common law principles, [11-120], [12-810]
firearm offence, [60-040]
history, [7-970]
length of non-parole periods, move upwards, [17-430], [20-620], [20-640]
mental condition, [10-460], [11-300], [50-080]
middle range offences, [17-480]
“objective seriousness”, [19-830]
parole conditions, [7-580]
pre-Muldrock
correcting sentences, [7-980]
use of cases, [7-940]
rehabilitation in prison, [2-260]
sentencing procedure, [7-900]
sentencing, purposes of, [2-210]
special circumstances, [7-514]
standard non-parole period, [7-890], [7-900], [7-940], [7-970]
Multiple offences
Commonwealth offenders, [16-040]
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], [7-950]
pre-sentence custody, [12-500]
overlapping charges, [8-230]
settled propositions regarding, [7-507]
sexual offences, [20-830]
Murder, [40-060]see also 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]
domestic violence context, [30-047]
extortion, and, [30-040]
financial greed, motivated by, [30-040]
foetus, cause loss of, [30-095]
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, [10-000], [30-030], [30-040]
motive, relevance of, [30-045]
multiple, [30-030]
mutilation of deceased, [30-040]
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]
standard non-parole periods, [8-000], [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, [6-620]
jurisdiction, [6-610]
regarded seriously, [6-640]
Non-parole periods, [7-505], [16-050]see also Parole; Standard non-parole periods
aggregate sentences, [7-500], [7-505], [7-507], [7-520], [7-540], [7-550], [7-560], [7-950]
indicative sentences, [7-505], [7-507]
JIRS statistics, [10-024]
approach on appeal, [7-940]
car-jacking, [20-400]
commencement of sentence, [7-540]
concurrent and consecutive sentences, [8-230]
consideration, setting of, [7-500]
court to set, [7-500]
refusal, [7-520]
set, not to, [7-530]
deportation, and, [10-570]
double counting, [7-512], [12-510]
drug offences, [19-840]
forward dating sentences, [7-547]
general deterrence, [7-500]
legislative reform, [2-000]
less than 6 months, [7-530]
long-term offenders, [7-514]
Muldrock v The Queen, [7-900], [7-940], [7-960], [7-970]
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, [7-940]
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]
young offenders, [15-070]

O

Objective factors
addiction, [10-485]
robbery, [20-280]
age differential, sexual assault, [10-012]
assessing, [10-012]
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, [16-035], [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, [65-130]
role and participation of offender, [65-130]
type of drug, [65-130]
duress, non-exculpatory, [10-012]
element of offence, as existing, [11-000], [11-040], [11-070], [11-080], [11-100], [11-120], [11-140], [11-160]–[11-190]
findings, [10-013]
fraud cases, application to, [19-970]
hindering investigation, [20-150]
intoxication, [10-480]
legislation
background, [11-010]
Liang principle, [10-085]
maximum penalty, cases attracting, [10-005]
mental condition, relevance of, [10-012], [10-460]
murder
attempted, [30-100]
ongoing offending, [10-405]
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, [10-405], [11-250], [17-440]
proportionality, [10-010]
provocation, [10-012]
regime, less punitive, [10-085]
representative charges, [10-030]
robbery, [20-290]
sexual assault, [20-630]
standard non-parole periods, [7-890], [10-012]
subjective factors, and, [9-710]
summary disposal, possibility of, [10-080]
undetected offending, [10-405]
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]
Objective seriousnesssee Objective factors
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, [2-230]see also Public justice offences
additional, taking into account, [13-200]
Commonwealth offenders, [16-025]
adequate punishment for, [2-230], [3-630], [16-025]
break and entersee Break and enter
company, committed in, [11-100]
conceal corpse
objective seriousness, [30-105]
drivingsee Driving offences
drugsee Drug offences
environmentalsee Environmental offences
firearmsee Armed robbery; Firearm offences
further
taken into account, [13-200]
multiple, [8-640]
not charged, sentencing for, [10-030]
ongoing, [10-405]
post-offence conduct, [10-015]
principal, focus on, [13-210]
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, [15-000], [15-040]
sexual assaultsee Children, sexual offences against; Sexual assault
standard non-parole periods, [8-000]
subsequent
prior to sentencing, [10-405]
undetected, [10-405]
worst cases, [20-660]
maximum penalty, [10-000], [10-005]
Offenders, [1-040]see also Parties
accountability, [2-270]
addressing court, [1-040]
advanced age as mitigating factor, [10-430], [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, [10-470]
duress, under, [11-240]
excluded from parole, [7-600]
immaturity, [10-440]
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
Open court
proceedings must take place in, [1-000]

P

Parity
adult and juvenile, [10-800]
armed robbery, [20-290]
children, sentencing principles for, [15-090]
consistency, [10-801]
co-offenders, [10-800]
Crown appeals, [10-850]
different charges, [10-810]
disparity, [10-801], [10-810], [10-830], [10-840], [10-850]
joint criminal liability, [10-807]
justifiable grievance, [10-805]
lesser charges, [10-810]
juvenile and adult co-offenders, [10-820], [20-300]
limitations, [10-810]
robbery, [20-290]
same criminal enterprise, [10-800]
sentencing of related offenders, [10-800]
severity appeals, [10-840]
special circumstances, [7-514]
totality principle, [10-830]
treatment of like cases, [10-800]
unjustifiable disparity, [10-800]
Parole
Commonwealth offenders, [16-030], [16-050]
conditions and supervision, [16-050]
decision-making process, [16-050]
discretionary release, [16-050]
parole order, making of, [16-050]
revocation, [16-055]
State sentence, serving, [16-050]
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]
Partiessee Defence; Offenders
addressing court, [1-040]
obligations, [1-200], [1-203], [1-205], [1-220]
Penalties, [6-110]see also Fines
additional offences, taking into account, [13-200]
Commonwealth offenders, [16-025]
alteration of, [3-010]
bestiality, [20-740]
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]
incest, [20-730]
intensive correction orders, [3-300]
interpretation of provisions, [3-000]
maximum, [10-000]
reduction of
assistance to authorities, [12-200]–[12-240]
backdating for pre-sentence custody, [12-500]
Commonwealth offenders, [16-025]
power to, [3-030]
pre-trial disclosure, [11-320], [11-910]
sexual assault, [20-610]
Perjurysee Public justice offences
Personal violence offencessee Domestic violence
De Simoni principle, [50-030]
key offences, [50-000]
objective gravity, [50-040]
particular violence, [50-130]
viewed seriously, [50-020]
Place restriction orderssee Non-association and place restriction orders
Pleasee 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, supplying drugs to, [19-860]
victims, [11-060]
Pornographysee Child abuse material; Children, sexual offences against
Pregnancy
hardship, and, [10-490]
Premeditation
intoxication, [10-040]
objective seriousness, determining, [10-040]
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]
time in custody for alternative offence, [12-510]
Previous convictionssee Prior record
Prior record
antecedents, duty of Crown to furnish, [10-405]
appeal, subject to, [10-405]
child offender, [10-405]
dangerous driving, [18-334]
foreign convictions, [10-405]
gap in history of offending, [10-405]
principle of proportionality, and, [10-405]
reasons for referring to, [10-405]
serious personal violence offences, [11-090]
spent convictions, [10-405]
use in sentencing, [10-405]
Probation
child offender, [15-110]
Commonwealth offenders, [16-070]
Probation and Parole Servicesee Parole
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, [10-405]
standard of
balance of probabilities, [1-410]
beyond reasonable doubt, [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, [7-890]
Public justice offences
administration of justice, interference with, [20-150]
stage of proceedings, [20-150]
bribery, [20-130], [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]
drug offences, [19-860]
Punishment
adequate for offence, [2-230], [3-630]
deterrence, as, [2-240]
Purposes of sentencing
accountability, [2-270]
adequate punishment for offence, [2-230], [3-630], [16-025]
common law, [2-200], [2-210]
denunciation of conduct, [2-280]
deterrence as, [16-025]
deterrence, as, [2-240]
enactment of s 3A, [2-210]
general deterrence, [2-240]
hierarchy, [2-200]
Muldrock v The Queen, [2-210], [2-240]
protection of community, [2-250]
rehabilitation, [2-260], [16-025], [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, [15-090], [20-300]
drug addiction not mitigating factor, [10-485]
effect on offences other than armed robbery, [20-250]
guideline judgment for armed robbery, [20-240], [20-270], [20-290]
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, [16-025]
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
statutory history, [2-000]
Recognizances
Commonwealth offenders, [16-015], [16-030]
Recording a conviction
child offenders, [10-405], [15-020]
Commonwealth offenders, [16-030]
sexual intercourse with child 10-16, [5-040]
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], [16-025]
special circumstances, [7-514]
young offenders, [20-300]
Release date
information relating to, [7-550]
Remandsee Griffiths remand
Remorsesee Repentance and remorse
Reparation
Commonwealth offenders, [16-030]
Repentance and remorse
common law, [11-290]
compensation, voluntary, [12-860]
evidence, lack of, [11-290]
guilty plea, and, [11-530]
mitigating factor, [10-420], [11-290]
Commonwealth offenders, [16-025]
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
armed robbery
guideline judgment, [20-215]
assault with intent to rob or steal, [20-220]
bag snatching, [20-220]
company in, [20-250]
concurrent or cumulative sentences, [8-230]
culpability, [20-290]
De Simoni principle, [1-500], [20-210], [20-220], [20-250], [20-260], [20-280]
aggravated robbery, [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, [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]
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]

S

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
achieving consistency in sentencing, [10-020], [16-035]
Commonwealth and state equivalents, [16-035]
drug offences, [65-130]
federal offences, [16-035]
JIRS statistics, [10-024]
Sentencing guidelinessee Guideline judgments
Sentencing remarks
intelligible to reader, [1-010]
reasons, [1-010]
Sentencing statisticssee Statistics
Sentencing, comparative, [10-020]
Commonwealth offenders, [16-035]
Setting terms of imprisonment, [7-500]see also Imprisonment; 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]
Sexual assault, [17-500]see also Children, sexual offences against
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]
consent, [20-645]
consistent sentencing, [10-024]
context of offending, [20-630]
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]
emotional harm, [20-810]
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]
aggravated, [20-690]
summary disposal, possibility of, [10-080]
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]
maximum penalties, increases, [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
cultural conditioning, [20-775]
dress, victim’s, [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]
pregnancy, risk of, [20-760]
prior convictions, absence of, [10-405]
prior relationship, relevance of, [20-775]
prior sexual conduct of victim, [20-775]
representative charges, [10-030]
sentencing
offences committed years earlier, [17-410]
sexual history of victim, [20-775]
sexual intercourse, definition, [20-630]
sexual offences, prescribed
intensive correction orders not available, [20-750]
stale offence, [20-780]
standard non-parole period, [20-620]
standard non-parole periods
table, [8-000]
statistics, [20-790]
statutory scheme, [20-600]
summary disposal, [20-770]
totality principle, [8-230], [20-820]
uncharged criminal acts, evidence of, [20-840]
victim
cognitive impairment, [20-710]
vulnerability, [20-810]
victim impact statements, [12-832]
weapon, use of, [20-760]
youth of offender, [20-770]
Short sentences
legislative reform, [2-000]
Social factors
deprived background, [10-470]
drug addiction, and, [10-485]
robbery, [20-300]
Indigenous persons, [10-470]
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
Standard non-parole period
armed robbery, [20-270]
Standard non-parole periods
aggravated robbery, [20-230]
aggravated sexual offences, [7-970]
aggregate sentences, [7-505], [7-507], [7-950], [7-970]
record of reasons, [7-950]
settled propositions, [7-507]
appeal, leave to, [7-940], [7-970]
extension of time, [7-940]
application of, [7-970], [65-380]
assault law enforcement officers, [50-120]
break and enter, [17-050]
car/boat rebirthing, [20-420]
children, sexual offences against, [7-970], [17-430], [17-480]
conspiracy, [65-380]
murder, [65-380]
departure from, [7-950]
drug offences, [19-835], [19-840]
conspiracy offences, [19-855]
supplying drugs, [19-830]
duress, [7-890]
exclusions, [7-930]
firearm offences, [8-000], [60-040]
aggravation, [60-040], [60-050]
fixed terms, [7-507], [7-950]
Form 1 offences, [13-260]
guideline judgments, [17-050]
guidepost, legislative, [7-900], [7-940], [7-970]
guilty plea cases, [7-940]
history, legislative, [7-970]
inapplicable, reference to, [7-930]
inclusions, [7-930]
indecent assault, [20-690]
intoxication, [10-480]
leave to appeal out of time, [7-940]
legislative amendments, relevant, [8-100]
mental condition, [7-890]
middle range, [7-900]
moral culpability, [7-900]
Muldrock v The Queen, [7-890], [7-900], [7-940], [7-960], [7-970], [7-980]
after case, position, [7-900]
cases decided before, [7-940], [7-980]
murder
conspiracy or solicit to, [30-090]
non-custodial sentence, [7-960]
objective factors, [7-890]
mental condition, [7-890]
other factors, [7-890]
provocation, [7-890]
“objective seriousness”
court assessment required, certain, [7-900]
“middle of the range”, no need to assess, [7-890], [7-920], [7-970], [17-050]
referrals, [7-940]
refusal to set non-parole period, and, [7-520]
relative seriousness, [7-900]
re-opening not available, [7-940]
sentencing exercise, [7-900]
sentencing guidelines, [13-640]
sentencing procedure, [7-900]
sexual assault, [20-620], [20-640]
Table, [7-890], [7-900], [7-930], [7-950], [7-970], [8-000]
legislative amendments, [8-100]
weapon, prohibited, [8-000]
wound with intent, [50-080]
Standard of proofsee Proof
Statement of facts
agreedsee Agreed statement of facts
Statistics
advantages and disadvantages, [10-020], [10-024]
Commonwealth offenders, [10-022]
detain for advantage/kidnapping, [18-715]
drug offences, [10-024], [65-130]
federal offences, [10-024]
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]
use of, [10-024]
NSW Court of Appeal statements, [10-024]
Stealingsee Break and enter; Robbery
break, enter and, [17-020]
specially aggravated, [17-040]
car or boat, [20-400], [20-420]
person, stealing from, [20-220]
robbery, distinguished, [20-220]
standard non-parole periods, [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]
mitigation matter, [10-570]
structuring a sentence, [10-570]
deprived background of an offender, [10-470]
drug addiction, [10-485]
2004, [10-485]
attribution to some other event, [10-485]
categorise as a choice, [10-485]
drug offences, [19-880]
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]
drug offences, [19-880]
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]
prior record, [10-405]
race, [10-470]
restitution, [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 and Cognitive Impairment Forensic Provisions Act 2020, [90-010]
dismissal, [90-020]
limiting terms, [90-040]
Suspended sentences
2018 sentencing reforms
abolished, Table, [3-500]
existing orders, operation of, [3-500]
statutory history, [2-000]

T

The Queen v Pham
consistency in sentencing, [16-035]
decisions of other courts, relevance of, [16-035]
Threats
extra-curial punishment, [10-520]
Totality principle
aggregate sentences, [7-505], [8-220], [8-230], [8-260]
settled propositions, [7-507]
break, enter and steal, [17-025]
Commonwealth offenders, [16-040]
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]
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

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, [16-025]
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]
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]
assaultsee Assault
break and enter offences, [17-070]
deprived background, [10-470]
domesticsee Domestic violence
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

Witnesses
influencing, [20-160]
breach of trust, [20-160]
reprisals against, [20-160]
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]
Wounding, [50-140]see also 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 offenders, [50-130]see also Children
adult co-offenders, parity and, [10-820], [20-300]
age as mitigating factor, [10-440], [11-280], [11-300], [15-010]
age as special circumstance, [7-514], [7-518]
Commonwealth offenders, [16-060]
deterrence, [2-240]
driving offences, [18-380]
imprisonment, [15-070]see Imprisonment
mandatory life sentences, [8-600]
murder, [30-025]
non-parole periodssee Non-parole periods
provisional sentencing of children under 16 years, [30-025]
rehabilitation, [20-300]
remission, [15-070]
robbery, [20-300]
sentencing, principles of, [20-300]
sexual assault offences, [20-770]