Sentencing

Reference received​: 21 September 2011

​​Reports 

​​​Report 139: Sentencing [PDF, 1.9Mb]​​, July 2013

Tabled in parliament: 12 September 2013

Legislative action: Crimes (Sentencing Procedure) Amendment (Sentencing Options) Act 2017 (NSW); Justice Portfolio Legislation (Miscellaneous Amendments) Act 2016 (NSW); Crimes (Sentencing Procedure) Amendment (Standard Non-parole Periods) Act 2013

Report 139-A Companion Report: Sentencing Patterns and Statistics [PDF, 1.7Mb]

​​Report 134: Sentencing - Interim report on standard minimum non-parole periods [PDF, 668Kb] 

Tabled in parliament: 22 August 2012

Legislative action: Crimes (Sentencing Procedure) Amendment (Standard Non-parole Periods) Act 2013

Judicial citation: Sinkovich [2013] NSWSC 1342 [14], [17]

Other documents

Question Paper 1: Purposes of sentencing

Question Paper 2: General sentencing principles

Question Paper 3: Factors to be taken into account on sentence

Question Paper 4: Other discounting factors

Question Paper 5: Full-time imprisonment 

Question Paper 6: Intermediate custodial sentencing options 

Question Paper 7: Non-custodial sentencing options 

Question Paper 8: The structure and hierarchy of sentencing options  

Question Paper 9: Alternative approaches to criminal offending  

Question Paper 10: Ancillary orders  

Question Paper 11: Special categories of offenders 

Question Paper 12: Procedural and jurisdictional aspects 

Preliminary outline of the review [PDF, 184Kb]

Submissions

Submissions ​ 

​​Preliminary submissions

Terms of reference

Pursuant to section 10 of the Law Reform Commission Act 1967, the Law Reform Commission is to review the Crimes (Sentencing Procedure) Act 1999. In undertaking this inquiry, the Commission should have regard to:

  1. current sentencing principles including those contained in the common law
  2. the need to ensure that sentencing courts are provided with adequate options and discretions
  3. opportunities to simplify the law, whilst providing a framework that ensures transparency and consistency
  4. the operation of the standard minimum non-parole scheme; and
  5. any other related matter. ​​
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