There are different types of sentences a court may impose on sentence. The following is a list of penalties you may receive upon sentence.

Section 10 dismissal

A penalty that you may receive for an offence is a section 10 dismissal. A section 10 dismissal derives from section 10 of the Crimes (Sentencing Procedure) Act 1999. If a court finds you guilty of an offence, the court may choose to deal with your matter by way of a section 10. Therefore, although the court does find you guilty of an offence it has chosen to deal with the matter without recording a conviction. A matter that is dealt with under section 10 dismissal means that although the individual was found guilty the court has decided to deal with the matter without recording a conviction. This means that the criminal record of the accused will not show the charge/offence the court found them guilty of. Ultimately, this means because there is no conviction for that offence ,it will not appear on a criminal record

Section 14 Mental Health Application

Previously known as a Section 32 Application (prior to 27 March 2021)
Section 32 Applications are now replaced by Section 14 Applications. Under Section 14 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020, a defendant with mental health or cognitive impairment can be released into the responsibility of another person, on the proviso they undertake a treatment or support program or without any conditions.

Section 14 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 allows the court to deal with a defendant who is suffering from a mental health condition through health professionals and treatment plans rather than dealing with the defendant through the criminal justice system. This means that an individual is given the chance to seek the help and treatment they need rather then be dealt with by way of law.

If you are charged with an alleged offence and believe that at the time of the alleged offence you were suffering from a mental health condition or still are suffering, then you may seek to apply for a section 14 Application. A section 14 application is made to court to ask the magistrate to deal with you by way of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 and NOT through the criminal justice system.

Section 14 applications include a report that will be written by a qualified psychologist/psychiatrist. This report is handed up to the magistrate for the magistrate to read. The report will include what mental health condition you were or are suffering from at the time of the offence such as depression, bipolar, schizophrenia etc.

The report will include a treatment plan for you to follow. The treatment plan is a plan made to tailor your needs and include conditions such as attending counselling, drug and alcohol programs, agree to prescribed medication and other treatments your psychologist deems appropriate.
After reading the report if the magistrate has accepted the section 14 application, the magistrate can choose to dismiss the charges as long as you accept and agree to follow the treatment plan.
A section 14 does not show up on any employee searches, therefore will not affect your work or employment. If the magistrate grants a section 14 application this means that because you were dealt with under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020, you will not be found guilty or be convicted. Ultimately Section 14 is used for rehabilitation purposes to reduce the chance of re offending for individuals who suffer from a mental health condition.

Fines: Fines NSW

A court may fine you if you are found guilty of an offence. A fine can be imposed on its own or as an addition to your penalty. The only exception for where fines will not be imposed is, if you are dealt with under section 10 dismissal.
Fines can also be imposed as an additional or alternative penalty to imprisonment if the offence is being dealt with on indictment.
A fine that is imposed by the court needs to be paid within 28 days to the Court Registry. If you are under financial hardship, then you may ask the Court Registry to extend date the payment is due.

Conditional Release Order (CRO)

If you plead guilty or are found guilty of a criminal or serious traffic offence, then you may receive a conditional release order (CRO) with conditions. The conditions of the order may impose drug and alcohol abstention, non-association requirements or place restrictions such as not associating with particular people or places where the court deems appropriate. A conditional release order (CRO) must impose conditions that the defendant will not commit any further offences and will attend court if called upon.

Conditional release orders (CRO’s) can also have a supervised condition imposed. The court has discretion to impose a conviction on a conditional release order (CRO) if appropriate. Conditional release orders (CRO’s) can be imposed for a period of up to two years.
A conditional release order (CRO) is used to deal with first time and less serious offences where you are unlikely to present a risk to the community.
Conditional release orders (CROs) were introduced as a sentencing option on 24 September 2018 by the Crimes (Sentencing Procedure) Amendment (Sentencing Options) Act 2017. They were introduced to replace the good behaviour bonds which could be imposed with or without conviction under either ss 9 or 10(1)(b) Crimes (Sentencing Procedure) Act 1999 as in force before that date.

Overall, a conditional release order (CRO) is as it sounds, you are released from the matter and charges on the conditions that you follow the conditions the court has imposed upon you.

If a breach of the conditional release order is established the court may, choose to take no action, amend or revoke the conditions, or revoke the conditional release order. If the conditional release order is revoked, then the defendant will be re sentenced for the original matter.

Community Correction Order (CCO)

A community correction order (CCO) is a penalty a court may impose for more serious types of criminal or traffic offences which involves imposing a conviction with condition. A court can impose a community correction order (CCO) to sentence you for crimes that do not warrant imprisonment or an intensive correction order but are too serious to be dealt with by fine or other lower-level sentencing.

Community correction orders (CCO) were introduced as a sentencing option following the commencement of the Crimes (Sentencing Procedure) Amendment (Sentencing Options) Act 2017 on 24 September 2018.

Community correction orders (CCO) replaced community service orders under the previous s 8 and good behaviour bonds made on conviction under the previous s 9 of the Crimes (Sentencing Procedure) Act 1999 and community service orders.

If sentenced with a community correction order, the court may impose: a curfew (not exceeding 12 hours in a 24 hr period), community service work of up to 500 hours (if it has obtained an assessment report regarding such a condition), complete rehab programs and treatment, abstain from drug or alcohol, not associate with particular persons or places. A community correction order must contain conditions that the defendant will not commit any further offences and attend court to do so if called upon.

Community correction orders (CRO) can also have a supervised condition imposed.
A court cannot order community service unless it has obtained an assessment report regarding such a condition. A court may limit the period that any additional condition applies. This means for example, a 3-year CCO may contain a curfew that lasts for only 12 months and 300 hours of community service (if an assessment report was obtained).

Intensive Correction Orders (ICO)

An intensive correction order (ICO) made by the court is a prison sentence which is to be served in the community. This means that the sentence is to be served as an alternative to imprisonment. A court can only impose an intensive correction order if it deems that no other penalty is appropriate. An intensive correction order can only be made by the court where it has imposed a prison term of two years or less. If you are being sentenced for multiple charges and these charges carry a prison term of two years or less, then an intensive correction order can total up to three years.

An intensive correction order requires you to perform 32 hours of community service per month for every month that you are sentenced, you must comply with the conditions and be supervised by Community Corrections. A community correction order will contain conditions that the defendant will not commit any further offences and attend court to do so if called upon. A court will order an assessment report before making an intensive correction order. This report will make recommendations and suitability about the defendant, and give the court insight about the defendant.

A court cannot impose an ICO for offences of terrorism, murder, manslaughter, any ‘prescribed sexual offence’, which includes any sexual offence committed against a person under 16, child pornography, discharge of firearm offences, or any offences that includes intention to commit any of the mentioned offences.

The Crimes (Sentencing Procedure) Amendment (Sentencing Options) Act 2017, which commenced on 24 September 2018, restructured and amended the provisions relating to intensive correction orders. The changes made, now allows sentences to be made for offenders to access intensive supervision as an alternative to a short prison sentence

Imprisonment

Imprisonment is a last resort for a sentencing option and the majority of offences do not lead to custodial sentences. There are numerous criminal offences in New South Wales that can lead to a sentence of imprisonment.
When deciding on the appropriate sentence in a matter, a court must consider the circumstances of the offending and the circumstances of the offender and apply sentencing principles.

The Crimes (Sentencing Procedure) Act 1999 lists the factors that the court must consider when sentencing. These include:

• Whether there were aggravating or mitigating factors which led to the offender’s criminal actions;
• How old the offender is;
• The offender’s mental state at the time they committed the offence;
• Whether they have shown any genuine remorse; and
• Whether they have any prior criminal history.

Each custodial sentence carries a non parole period meaning the minimum term the offender must serve before being eligible for release.