Part 2 Penalties that may be imposed
(1) The penalty to be imposed for an offence is to be the penalty provided by or under this or any other Act or law.(2) The penalty to be imposed for a statutory offence for which no penalty is so provided is imprisonment for 5 years.(3) Part 3 applies to the imposition of all penalties imposed by a court, whether under this Act or otherwise.
Division 2 Custodial sentences
(1) A court must not sentence an offender to imprisonment unless it is satisfied, having considered all possible alternatives, that no penalty other than imprisonment is appropriate.(2) A court that sentences an offender to imprisonment for 6 months or less must indicate to the offender, and make a record of, its reasons for doing so, including:(a) its reasons for deciding that no penalty other than imprisonment is appropriate, and(b) its reasons for deciding not to make an order allowing the offender to participate in an intervention program or other program for treatment or rehabilitation (if the offender has not previously participated in such a program in respect of the offence for which the court is sentencing the offender).(3) Subsection (2) does not limit any other requirement that a court has, apart from that subsection, to record the reasons for its decisions.(4) A sentence of imprisonment is not invalidated by a failure to comply with this section.(5) Subject to sections 12 and 99, Part 4 applies to all sentences of imprisonment, including any sentence the subject of an intensive correction order or home detention order.
5A Compulsory drug treatment detention
The Drug Court may make an order under Part 2A of the Drug Court Act 1998 directing that an offender, who is an eligible convicted offender within the meaning of that Act, serve a sentence of imprisonment by way of compulsory drug treatment detention.
(1) A court that has sentenced an offender to imprisonment for not more than 18 months may make a home detention order directing that the sentence be served by way of home detention.(2) This section is subject to the provisions of Part 6.
(1) A court that has sentenced an offender to imprisonment for not more than 2 years may make an intensive correction order directing that the sentence be served by way of intensive correction in the community.(2) If a court makes an intensive correction order directing that a sentence be served by way of intensive correction in the community, the court is not to set a non-parole period for the sentence.(3) This section is subject to the provisions of Part 5.
Division 3 Non-custodial alternatives
(1) Instead of imposing a sentence of imprisonment on an offender, a court may make a community service order directing the offender to perform community service work for a specified number of hours.(2) The number of hours specified in a community service order in relation to an offence must not exceed 500, or the number of hours prescribed by the regulations in respect of the class of offences to which the offence belongs, whichever is the lesser.(3) This section does not apply to an offender to whom the Children (Community Service Orders) Act 1987 applies.(4) This section is subject to the provisions of Part 7.
(1) Instead of imposing a sentence of imprisonment on an offender, a court may make an order directing the offender to enter into a good behaviour bond for a specified term.(2) The term of a good behaviour bond must not exceed 5 years.(3) This section is subject to the provisions of Part 8.
10 Dismissal of charges and conditional discharge of offender
(1) Without proceeding to conviction, a court that finds a person guilty of an offence may make any one of the following orders:(a) an order directing that the relevant charge be dismissed,(b) an order discharging the person on condition that the person enter into a good behaviour bond for a term not exceeding 2 years,(c) an order discharging the person on condition that the person enter into an agreement to participate in an intervention program and to comply with any intervention plan arising out of the program.(2) An order referred to in subsection (1) (b) may be made if the court is satisfied:(a) that it is inexpedient to inflict any punishment (other than nominal punishment) on the person, or(b) that it is expedient to release the person on a good behaviour bond.(2A) An order referred to in subsection (1) (c) may be made if the court is satisfied that it would reduce the likelihood of the person committing further offences by promoting the treatment or rehabilitation of the person.(2B) Subsection (1) (c) is subject to Part 8C.(3) In deciding whether to make an order referred to in subsection (1), the court is to have regard to the following factors:(a) the person’s character, antecedents, age, health and mental condition,(b) the trivial nature of the offence,(c) the extenuating circumstances in which the offence was committed,(d) any other matter that the court thinks proper to consider.(4) An order under this section has the same effect as a conviction:(a) for the purposes of any law with respect to the revesting or restoring of stolen property, and(b) for the purpose of enabling a court to give directions for compensation under Part 4 of the Victims Compensation Act 1996, and(c) for the purpose of enabling a court to give orders with respect to the restitution or delivery of property or the payment of money in connection with the restitution or delivery of property.(5) A person with respect to whom an order under this section is made has the same right to appeal on the ground that the person is not guilty of the offence as the person would have had if the person had been convicted of the offence.
10A Conviction with no other penalty
(1) A court that convicts an offender may dispose of the proceedings without imposing any other penalty.(2) Any such action is taken, for the purposes of the Crimes (Local Courts Appeal and Review) Act 2001 and the Criminal Appeal Act 1912, to be a sentence passed by the court on the conviction of the offender.Note. The Crimes (Local Courts Appeal and Review) Act 2001 and the Criminal Appeal Act 1912 provide for appeals against sentence, including (in some circumstances) by the prosecutor.
11 Deferral of sentencing for rehabilitation, participation in an intervention program or other purposes
(1) A court that finds a person guilty of an offence (whether or not it proceeds to conviction) may make an order adjourning proceedings against the offender to a specified date, and granting bail to the offender in accordance with the Bail Act 1978:(a) for the purpose of assessing the offender’s capacity and prospects for rehabilitation, or(b) for the purpose of allowing the offender to demonstrate that rehabilitation has taken place, or(b1) for the purpose of assessing the offender’s capacity and prospects for participation in an intervention program, or(b2) for the purpose of allowing the offender to participate in an intervention program, or(c) for any other purpose the court considers appropriate in the circumstances.(2) The maximum period for which proceedings may be adjourned under this section is 12 months from the date of the finding of guilt.(2A) An order referred to in subsection (1) (b2) may be made if the court is satisfied that it would reduce the likelihood of the person committing further offences by promoting the treatment or rehabilitation of the person.Note. Section 36A of the Bail Act 1978 enables a court to grant bail to a person on either or both of the following conditions:(a) that the person enter into an agreement to subject himself or herself to an assessment of the person’s capacity and prospects for participation in an intervention program or other program for treatment or rehabilitation,(b) that the person enter into an agreement to:(i) participate in an intervention program and to comply with any intervention plan arising out of the program, or(ii) participate in any other program for treatment or rehabilitation.(3) This section does not limit any power that a court has, apart from this section, to adjourn proceedings or to grant bail in relation to any period of adjournment.(4) Subsection (1) (b1) and (b2) do not limit the kinds of purposes for which an order may be made under subsection (1), so that an order may be made under that subsection for the purpose of allowing an offender to participate in a program for treatment or rehabilitation that is not an intervention program, or to be assessed for participation in such a program.
(1) A court that imposes a sentence of imprisonment on an offender (being a sentence for a term of not more than 2 years) may make an order:(a) suspending execution of the whole of the sentence for such period (not exceeding the term of the sentence) as the court may specify in the order, and(b) directing that the offender be released from custody on condition that the offender enters into a good behaviour bond for a term not exceeding the term of the sentence.(2) An order under this section may not be made in relation to a sentence of imprisonment if the offender is subject to some other sentence of imprisonment that is not the subject of such an order.(3) Subject to section 99 (1), Part 4 does not apply to a sentence of imprisonment the subject of an order under this section.(4) An order under this section may be made after a court has decided not to make a home detention order in relation to the sentence of imprisonment.
13 Community service orders and good behaviour bonds to be alternative penalties only
A court may not, in relation to the same offence, make both a community service order and an order that provides for the offender to enter into a good behaviour bond.
14 Fines as an additional penalty to good behaviour bond
(1) A court may impose a fine on an offender in respect of whom it has made an order that provides for the offender to enter into a good behaviour bond if the offence to which the bond relates is an offence for which the penalty that may be imposed (otherwise than under this section) includes a fine.(2) A fine imposed as referred to in subsection (1) must not exceed the maximum fine that may be imposed apart from this section.(3) Despite subsection (1), a court may not impose a fine on an offender if it has made an order that provides for the offender to enter into a good behaviour bond referred to in section 10 (1) (b).
15 Fines as an additional or alternative penalty to imprisonment for offences dealt with on indictment
(1) This section applies to all offences dealt with on indictment, other than offences for which the penalty that may be imposed (otherwise than under this section) includes a fine.(2) A court may impose a fine not exceeding 1,000 penalty units on an offender whom it convicts on indictment of an offence to which this section applies.(3) The fine may be imposed in addition to or instead of any other penalty that may be imposed for the offence.
16 Fines for bodies corporate for offences punishable by imprisonment only
If the penalty that may be imposed (otherwise than under this section) for an offence committed by a body corporate is a sentence of imprisonment only, a court may instead impose a fine not exceeding:(a) 2,000 penalty units, in the case of the Supreme Court, the Court of Criminal Appeal, the Land and Environment Court, the Industrial Relations Commission or the District Court, or(b) 100 penalty units, in any other case.
Unless the contrary intention appears, a reference in any Act or statutory rule to a number of penalty units (whether fractional or whole) is taken to be a reference to an amount of money equal to the amount obtained by multiplying $110 by that number of penalty units.
Division 4A Non-association and place restriction orders
17A Non-association and place restriction orders
(1) This section applies to any offence that is punishable by imprisonment for 6 months or more, whether or not the offence is also punishable by fine or to an aggregate sentence of imprisonment in respect of 2 or more offences any one of which is an offence to which this section applies.(2) When sentencing an offender for an offence to which this section applies, a court may make either or both of the following orders in respect of the offender:(a) a non-association order, being an order prohibiting the offender from associating with a specified person for a specified term, or(b) a place restriction order, being an order prohibiting the offender from frequenting or visiting a specified place or district for a specified term,if it is satisfied that it is reasonably necessary to do so to ensure that the offender does not commit any further offences to which this section applies.(3) An order under subsection (2) (a) is to be one of the following:(a) a limited non-association order, being an order prohibiting the offender from being in company with a specified person except at the times or in such circumstances (if any) as are specified,(b) an unlimited non-association order, being an order prohibiting the offender:(i) from being in company with a specified person, and(ii) from communicating with that person by any means.(3A) An order under subsection (2) (b) is to be one of the following:(a) a limited place restriction order, being an order prohibiting the offender from frequenting or visiting a specified place or district except at the times or in such circumstances (if any) as are specified,(b) an unlimited place restriction order, being an order prohibiting the offender from frequenting or visiting a specified place or district at any time or in any circumstance.(4) An order under this section is to be made in addition to, and not instead of, any other penalty for the offence, but may not be made if the only other penalty for the offence is an order under section 10 or 11.(5) The term of an order under this section is not limited by any term of imprisonment imposed for the offence, but must not exceed 12 months.(6) This section does not limit the kinds of prohibition or restriction that may be imposed on an offender by means of any other order or direction under this or any other Act, so that such an order or direction may include prohibitions of the kind referred to in subsections (2) and (3).(7) This section is subject to the provisions of Part 8A.
18 Interpretation of provisions imposing penalties
(1) The penalty:(a) specified at the end of a section of an Act (whether or not the section is divided into subsections), or(b) specified at the end of a subsection of a section of an Act, but not at the end of the section, or(c) specified at the end of a section of an Act or subsection of a section of an Act and expressed in such a way as to indicate that it applies to part only of the section or subsection,indicates that a contravention of the section, subsection or part, respectively, is an offence against the Act, punishable on conviction by a penalty not exceeding the penalty so specified.(2) For the purposes of subsection (1), a penalty specified at the end of the last subsection of a section is taken not to be specified at the end of the section if a penalty is specified at the end of any previous subsection.(3) If:(a) a section of an Act, or a subsection of a section of an Act, provides that a person is guilty of an offence under specified circumstances, and(b) a penalty is specified at the end of the section or subsection and expressed in such a way as to indicate that it applies to the section or subsection,a person who is guilty of such an offence is liable, on conviction, to a penalty not exceeding the penalty so specified.(4) This section applies to a statutory rule in the same way as it applies to an Act, subject to any necessary modification.(5) This section applies to a provision of an Act or statutory rule except in so far as the contrary intention appears in the Act or statutory rule concerned.
19 Effect of alterations in penalties
(1) If an Act or statutory rule increases the penalty for an offence, the increased penalty applies only to offences committed after the commencement of the provision of the Act or statutory rule increasing the penalty.(2) If an Act or statutory rule reduces the penalty for an offence, the reduced penalty extends to offences committed before the commencement of the provision of the Act or statutory rule reducing the penalty, but the reduction does not affect any penalty imposed before that commencement.(3) In this section, a reference to a penalty includes a reference to a penalty that is expressed to be a maximum or minimum penalty.
If an act or omission constitutes:(a) an offence under a law of New South Wales, and(b) an offence under a law of the Commonwealth or of some other State or Territory,and a penalty has been imposed on the offender in respect of the offence referred to in paragraph (b), the offender is not liable to any penalty in respect of the offence referred to in paragraph (a).