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Penalties that can be imposed

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Contact Armstrong Legal:
Sydney: (02) 9261 4555

The magistrate will consider the facts presented by the police and the submissions made by you or your solicitor when deciding the appropriate penalty to be imposed. The magistrate can choose from a range of penalties, depending on the seriousness of your offence.

Section 10: avoiding a criminal record.

Normally, when you plead guilty to a criminal offence, the court imposes a penalty and records a conviction. If the court records a conviction, you will have a criminal record. However, if we can convince the court not to convict you, there will be no penalty of any type and no criminal record. In all NSW criminal cases, the court has the discretion not to convict you, but to give you a Section 10 dismissal instead.

Fines

When deciding the amount of a fine the magistrate or judge should consider your financial situation and your ability to pay any fine they set.

Good behaviour

This is an order of the court that requires you to be of good behaviour for a specified period of time. The court will impose conditions that you will have to obey during the term of the good behaviour bond. The maximum duration of a good behaviour bond is five years.

Community service order

(CSO): This 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.

Suspended sentence

This is a jail sentence that is suspended upon you entering into a good behaviour bond. Provided the terms of the good behaviour bond are obeyed the jail sentence will not come into effect. A suspended sentence is only available for sentences of imprisonment of up to two years.

Periodic detention

(commonly known as weekend detention): This form of imprisonment ceased to be a sentencing option in October 2010.

Intensive correction order

(ICO): This option has replaced periodic detention. The court can order you to comply with a number of conditions, such as attending counselling or treatment, not consuming alcohol, complying with a curfew and performing community service.

Jail

This is the most serious penalty and involves full time detention in a correctional facility.


where to next?

If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.

Why Choose Armstrong Legal?

Leading Criminal Law NSW 2017 ISO 9001 Legal Best Practice Accredited Specialists Criminal Law Sydney Business Awards Winner 2011