Criminal Sentencing Law

In this episode of Criminal Sentencing Law, we examine issues and case law relating to the sentencing of Indigenous Australians in NSW, particularly where there is evidence of a deprived background, disadvantage, or alcohol or substance abuse. Part 1 will focus on the High Court case of Neal v The Queen (1982) 149 CLR 305 and the Fernando Principles enunciated by Wood J in R v Fernando (1992) 76 Crim R 58. The following episode - Part 2 - will examine the High Court case of Bugmy v The Queen (2013) 249 CLR 57.

In this episode, we outline what is involved in presenting submissions on sentence in the NSW Local Court for adult offenders. We discuss tips from lawyers and barristers with regard to sentencing submissions, matters which must be included from the perspective of the prosecution and the defence, the use of guideline judgments and sentencing statistics, and objective and subjective factors.

In this fifth Criminal Sentencing Law podcast, we examine changes to be made to non-custodial sentencing options in NSW under the Crimes (Sentencing Procedure) Amendment (Sentencing Options) Act 2017 (NSW). It is anticipated that these changes will commence in October 2018. In this podcast, we focus on two new types of orders: Conditional Release Orders (CROs) and Community Correction Orders (CCOs).

This is the third of a series of podcasts which examine the sentencing process in NSW In this podcast, we discuss the negotiation of an agreed statement of facts. We also examine fact-finding at sentence, including burdens and standards of proof, and the De Simoni principle.

Welcome to Episode 1 of Criminal Sentencing Law: 'Before the Sentencing Hearing'. This is the first episode in a series of podcasts which examine the criminal sentencing process in NSW. Episode 1 covers pre-sentencing matters, including classifications of offences, what constitutes a guilty plea and charge negotiations.