SPEAK WITH A KIAMA CRIMINAL LAWYER

Fines are one of the most common penalties applied across a wide range of offences. In New South Wales, fines are often calculated using penalty units, with each unit currently valued at $110. Depending on the offence, a fine may be imposed on its own or alongside other penalties.

When deciding on the amount, the court considers the seriousness of the offence and the offender’s financial circumstances. If legislation does not set a specific figure, the Magistrate or Judge has discretion to determine a fair amount based on the case and the person’s situation. In Kiama and surrounding courts, this approach helps balance the penalty with the individual’s ability to pay.

The outcome in a sentencing hearing depends on the nature of the charge, the harm caused, the offender’s background, and whether there is any history of prior convictions. Circumstances surrounding the incident are also taken into account.

Courts may impose a range of penalties, including:

• Monetary fines
• Good behaviour bonds
• Community-based supervision
• Licence disqualifications
• Intensive supervision
• Imprisonment

A well-prepared defence supported by evidence and legal argument can make a difference. In some cases, this may help secure a less severe penalty.

Sentencing serves several purposes, including:

• Holding the individual accountable for their conduct
• Discouraging future offending by the person and the broader community
• Protecting others from further harm
• Promoting rehabilitation
• Acknowledging the impact of the offence on victims and the wider community

In September 2018, significant reforms were introduced to create greater consistency in sentencing and reduce reoffending. One major change was the removal of suspended sentences.

In certain cases, such as those involving domestic violence, courts are now required to consider community-based penalties or imprisonment as the starting point unless there is a strong reason to apply another option. Sentencing decisions today are also guided by risk assessments and structured support plans, providing courts in Kiama and across NSW with better tools for determining appropriate outcomes.

A Conditional Release Order (CRO) allows the court to deal with an offence without recording a conviction. It is generally applied in less serious cases where the court decides that a conviction or heavier penalty is not required.

When deciding whether to grant a CRO, the court considers:

• The seriousness of the offence
• Your criminal record, if any
• Your risk to the community

CROs often include conditions such as:

• Attending counselling or treatment
• Staying away from certain people or places
• Abstaining from drugs or alcohol

A CRO can last for up to two years. If breached, the court may replace it with a more severe penalty. Our Kiama criminal lawyers frequently assist clients in preparing for these outcomes.

A Community Corrections Order (CCO) is used where a fine alone is not considered sufficient, but imprisonment is not warranted. CCOs are often imposed for low- to mid-range offences such as theft, vandalism, or drink driving.

Conditions attached to a CCO may include:

• Regular reporting to community corrections
• Performing community service
• Adhering to a curfew or other restrictions

A CCO can be in place for up to three years. It allows a person to remain in the community while under supervision and, in many cases, provides access to rehabilitation or treatment services.

An Intensive Correction Order (ICO) is a custodial sentence served in the community under strict supervision by Corrective Services NSW. ICOs are imposed when no lesser penalty is considered appropriate and the sentence is two years or less.

Conditions may include:

• Maintaining good behaviour
• Regular drug or alcohol testing
• Completing a set number of community service hours
• Attending rehabilitation or treatment programs

Failure to comply with an ICO can result in sanctions, including time in prison. Oversight is carried out by the State Parole Authority.

Imprisonment is reserved for serious offences or situations where no other penalty is suitable. A custodial sentence can have long-term impacts, including on your employment, ability to travel overseas, and even matters such as parenting arrangements or professional accreditation.

If you are facing the risk of imprisonment in Kiama, obtaining early legal support is critical. In many cases, there may be alternative sentencing options that reduce or remove the need for custody, depending on the circumstances of your case.