Criminal Sentencing Law

Episode 9: Sentencing and Indigenous Offenders - Part 1

In this episode of Criminal Sentencing Law, we examine issues and case law relating to the sentencing of Indigenous Australians in NSW, particularly where there is evidence of a deprived background, disadvantage, or alcohol or substance abuse. Part 1 will focus on the High Court case of Neal v The Queen (1982) 149 CLR 305 and the Fernando Principles enunciated by Wood J in R v Fernando (1992) 76 Crim R 58. The following episode - Part 2 - will examine the High Court case of Bugmy v The Queen (2013) 249 CLR 57.

Episode 8: Aggravating and Mitigating Factors

In this episode, we outline the difference between subjective and objective factors, and distinguish between aggravating and mitigating factors in the Crimes (Sentencing Procedure) Act 1999 (NSW) to be taken into account in the sentencing process.

Episode 7: Presenting Sentencing Submissions in the Local Court

In this episode, we outline what is involved in presenting submissions on sentence in the NSW Local Court for adult offenders. We discuss tips from lawyers and barristers with regard to sentencing submissions, matters which must be included from the perspective of the prosecution and the defence, the use of guideline judgments and sentencing statistics, and objective and subjective factors. 

Episode 6: Reforms to Intensive Correction Orders

In this podcast, we examine changes to be made to non-custodial sentences of imprisonment, Intensive Correction Orders (ICOs), under the Crimes (Sentencing Procedure) Amendment (Sentencing Options) Act 2017 (NSW). It is anticipated that the reforms to ICOs will commence in October 2018. 

Episode 5: New Sentencing Options in NSW - Conditional Release Orders and Community Correction Orders

In this fifth Criminal Sentencing Law podcast, we examine changes to be made to non-custodial sentencing options in NSW under the Crimes (Sentencing Procedure) Amendment (Sentencing Options) Act 2017 (NSW). It is anticipated that these changes will commence in October 2018. In this podcast, we focus on two new types of orders: Conditional Release Orders (CROs) and Community Correction Orders (CCOs). 

Episode 4: The Purposes of Sentencing

In this podcast, we review the purposes of sentencing as set out in s 3A of the Crimes (Sentencing Procedure) Act 1999 (NSW). We also consider the High Court case of Veen v The Queen (No 2) [1988] HCA 14. 

Episode 3: Agreed Facts and Fact Finding at Sentence

This is the third of a series of podcasts which examine the sentencing process in NSW In this podcast, we discuss the negotiation of an agreed statement of facts. We also examine fact-finding at sentence, including burdens and standards of proof, and the De Simoni principle.

Episode 2: The Sentencing Process

This is the second of a series of podcasts which examine the sentencing process in NSW. In this podcast, we outline the sentencing process for NSW criminal offences, focusing on sentencing procedure in the NSW Local Court. We also discuss the use of pre-sentence reports.

Episode 1: Before the Sentencing Hearing

Welcome to Episode 1 of Criminal Sentencing Law: 'Before the Sentencing Hearing'. This is the first episode in a series of podcasts which examine the criminal sentencing process in NSW. Episode 1 covers pre-sentencing matters, including classifications of offences, what constitutes a guilty plea and charge negotiations.