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Penalties

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Contact Armstrong Legal:
Sydney: (02) 9261 4555

The following is a list of some of the penalties that can be imposed by the court system.

Matter Proven But Dismissed (Section 10 Crimes (Sentencing Procedure) Act)

In some very limited cases a court may dismiss a charge against you notwithstanding you pleaded guilty to the offence. This means that you are not convicted and for some traffic matters you will not be disqualified from driving. The court may make the dismissal of the charge conditional upon you being of good behaviour for a specified period. If you are not of good behaviour you could be summoned to court to be sentenced again in relation to this matter.

Fined

A fine may be imposed if the matter is not that serious. The amount of the fine cannot be greater than the maximum penalty for the offence. The Court will order that you pay any fine within 28 days. By law the court cannot give you more time to pay the fine. However you can make application in the Court office for further time to pay.

Good Behaviour Bond

A good behaviour bond is an order of the court that you be of good behaviour for a specified period of time. If you are of good behaviour for the time set by the court there is no further penalty. However if you are not of good behaviour you may be summoned to court to be re sentenced for the offence.

Community Service Order

A Community Service Order (CSO) involves either unpaid work in the community at a place specified by Probation and Parole or attendance at a Centre to undertake a course, such as Anger Management. In order to be eligible for a CSO you have to be assessed by an officer of the Probation service as suitable to undertake the order. Certain medical conditions could exclude you from being suitable to undertake a work order.

Periodic Detention

This involves you being detained in Gaol for 2 days a week. Periodic detention can be served on the weekend or mid week. You may be required to do some unpaid work during your detention.

Home Detention

Home detention involves serving a gaol sentence at your home. There are stringent conditions that you must agree to prior to being eligible for home detention. An assessment is made by Corrective Services as to whether you are eligible for home detention. The assessment can only occur after you have been sentenced to a full time gaol sentence. It is most important that your solicitor makes an application at the time that the gaol sentence is imposed.  Failure to make an application at this time could see you spending time in gaol rather than serving your sentence at home.

Suspended Sentence

A court imposes a term of full time gaol upon an offender, but the gaol sentence is suspended upon the offender being released on a recognizance (good behaviour bond) for a period of up to five years.

Deferral of Sentence (Section 11 Crimes (Sentencing Procedure) Act – "Griffith Remand")

A court may adjourn the sentencing of an offender with or without conditions for a period not exceeding 12 months. Generally, courts will only allow a lengthy adjournment of a matter where an offender is attempting to rehabilitate themselves from either alcohol or drugs.


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The information contained in this page was accurate at the time it was published. You should confirm the accuracy of this information with us or another solicitor before relying upon it.



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