Sentencing options in NSW
Under the Crimes (Sentencing Procedure) Act 1999 (NSW), the options range from a dismissal or a conditional release order without conviction, to fines, conditional release orders with conviction, community correction orders, intensive correction orders served in the community, and full-time imprisonment.
A section 10 outcome, being a dismissal or a conditional release order without conviction, means that no conviction is recorded. These outcomes may be available where the offence and the person's circumstances justify them.
Preparing for sentence
- Negotiating the agreed statement of facts
- Character references and letters of apology
- Evidence of rehabilitation, treatment and counselling
- Psychological or psychiatric reports where relevant
- Evidence of the impact of a conviction on employment, visas or travel
- Submissions on the appropriate sentencing option
Visa and immigration consequences
For people who are not Australian citizens, a conviction or a sentence of imprisonment can have consequences under the Migration Act 1958 (Cth), including visa cancellation on character grounds. These consequences should be considered before a plea is entered and, where relevant, addressed in the sentencing material. We work with migration lawyers where specialist advice is needed.
Mental health and cognitive impairment
In the Local Court, an application may be made under section 14 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) for a person with a mental health impairment or cognitive impairment to be dealt with under a treatment or support plan. If the application is granted, the charge can be dismissed without a finding of guilt.
Annulment applications
If a conviction or penalty was imposed in your absence in the Local Court, it may be possible to apply to have it annulled. Applications are generally made within two years, and the court must be satisfied that the grounds are made out.
Frequently asked questions
What is a section 10?
It refers to section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW), which allows a court to find an offence proven without recording a conviction, either by dismissing the charge or by imposing a conditional release order without conviction.
Do character references help?
Good references can assist, particularly when the writer knows about the offence and can speak to your character and circumstances. We explain how references should be written and what to avoid.
This page is general information about the law in NSW and our work. It is not legal advice about your situation. Procedures, penalties and deadlines depend on the charge and can change.