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Fines are monetary penalties often used for a wide range of offences. In New South Wales, many fines are calculated using penalty units. Each unit currently equals $110. Depending on the offence, the court may issue a fine as the only penalty or combine it with other consequences.

When setting the amount, the court considers the seriousness of the offence and the individual’s financial capacity. If the law does not specify a fixed amount, the Judge or Magistrate has discretion to decide on a fair sum based on legal principles and the offender’s personal circumstances.

Sentencing varies depending on the nature of the offence, relevant laws, and the person’s background. Factors such as the harm caused, any prior criminal history, and circumstances surrounding the incident influence the outcome.

Courts may impose penalties including:

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

A well-argued defence, supported by evidence and case law, can influence the result. Where appropriate, the court may consider a less severe outcome.

Penalties serve several key purposes:

• 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

Significant sentencing changes were introduced in September 2018 to reduce reoffending and improve consistency in sentencing outcomes. One major shift was the removal of suspended sentences.

In certain matters, including domestic violence, courts are now expected to consider community-based penalties or imprisonment as a starting point unless a strong reason justifies another option. Sentencing decisions are now better informed through the use of risk assessments and support plans.

A Conditional Release Order (CRO) allows the court to deal with an offence without recording a conviction. It applies in lower-level cases where the court decides that formal punishment is not necessary.

To determine eligibility, the court considers:

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

CROs may include conditions like:

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

A CRO can run for up to two years. Breaching its terms can lead to more serious penalties.

A Community Correction Order is used when the court finds that a fine would not be enough, but a prison sentence is not required. It is often imposed for matters such as low- to mid-range 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

CCOs can last for up to three years and allow individuals to remain in the community under active supervision, often with access to rehabilitation and support services.

An Intensive Correction Order (ICO) is a form of imprisonment served in the community. It comes with strict requirements and is overseen by Corrective Services NSW. ICOs apply when no lesser penalty is suitable 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 can result in sanctions, including being sent to prison. The State Parole Authority monitors and enforces compliance.

Custody is reserved for serious matters or situations where no other penalty is appropriate. Being sentenced to prison can affect employment, international travel, and future legal matters such as parenting arrangements or professional licensing.

If you are at risk of imprisonment, seeking legal advice early is critical. You may be eligible for alternative sentencing that could reduce or avoid time in custody depending on the circumstances of your case.