Sentencing Explained

In this episode, we are joined by Magistrate Mark Douglass to talk about his experiences as an Aboriginal magistrate and his perspective on Aboriginal people and the criminal justice system. Magistrate Douglass discusses how he overcame early life challenges to reach his current position. He shares his hope that the criminal justice system is changing, including through the expansion of culturally-specific processes and his work as Chair of the Local Court’s First Nations Committee. Please note this episode contains content that some listeners may find distressing, including mentions of domestic violence, sexual assault and suicide. If you want to avoid this content, skip from 1:41 to 3:07 and from 22:35 to 23:36. If you need support, you can contact these services free of charge: Beyond Blue: call support services on 1300 22 4636 or visit www.beyondblue.org.au Lifeline: call the 24-hour crisis line on 13 11 14 or visit lifeline.org.au FullStop Australia: call 1800 424 017 or visit www.fullstop.org.au National Sexual Assault, Family and Domestic Violence Counselling Service: call 1800RESPECT or 1800 737 732,or visit www.1800respect.org.au See omnystudio.com/listener for privacy information.

In this episode, we have the privilege of being joined by Justice Dina Yehia SC. Justice Yehia was recently appointed to the Supreme Court from the District Court, where she played a key role in setting up the Walama List. The Walama List is a sentencing procedure in the District Court for eligible Aboriginal and Torres Strait Islander offenders. Listen in to hear how the Walama List differs from the regular sentencing process and why Justice Yehia found the experience so rewarding.See omnystudio.com/listener for privacy information.

What happens when someone is sentenced to prison? What education programs are available to prisoners? What does the day-to-day life of a prisoner look like? In this episode of Sentencing Explained, we sit down with retired Commissioner of Corrective Services and current Sentencing Council member Peter Severin. Listen in to find out what happens after someone is sentenced to prison – from when they leave the courtroom to their release back into the community. Former Commissioner Severin also takes us through the prison classification system and discusses how the system responds to prisoner issues and needs.See omnystudio.com/listener for privacy information.

Would it surprise you to learn the NSW Drug Court was established to steer drug-dependent offenders away from prison? As Senior Judge Jane Mottley explains, the program is no walk in the park for participants. But it gives them an invaluable opportunity to receive expert support for their drug dependency and take steps towards rehabilitation. Judge Mottley joins Peter in this episode of Sentencing Explained to discuss the Drug Court and the story behind its success.See omnystudio.com/listener for privacy information.

When a young person breaks the law, there are different considerations at play. The President of the Children’s Court, Judge Ellen Skinner, aims to help young people who come before the Court to get back on the right track. Peter sits down with President Skinner in this episode to talk about options available to the Children’s Court to reduce reoffending and motivate good behaviour. They touch on youth justice conferences, unique sentencing options available for children and the Court’s approach to youth justice.See omnystudio.com/listener for privacy information.

Police prosecutors work in the Local Court and the Children’s Court across NSW, prosecuting a broad range of offences. But police also have options to keep people out of the court system in some situations. In this episode of Sentencing Explained, Peter is joined by Assistant Commissioner of the NSW Police State Intelligence Command, Scott Cook. They talk about a range of topics, including police powers in relation to juvenile offenders and the role of police prosecutors in criminal trials and sentencing. Hear why Assistant Commissioner Cook believes discretion is a crucial part of policing, and the importance of alternative pathways within the criminal justice system. Let us know what you think about the podcast in this quick survey: surveymonkey.com/r/sentencing_explained Check out the episode study guide on our website: sentencingcouncil.nsw.gov.au/podcastSee omnystudio.com/listener for privacy information.

Judge Donna Woodburne SC understands the importance of sentencing in the criminal justice process. She has worked in the District Court for 11 years. It’s here where most serious criminal matters are dealt with, with some exceptions (including murder). Sentencing can involve difficult decisions and, as Judge Woodburne says “every decision weighs very heavily.” In this episode, Peter and Judge Woodburne discuss mitigating and aggravating factors that a judge must balance when determining a sentence. They also look at the law in relation to parole, and special circumstances that can impact a sentencing decision. Listen in to hear how Judge Woodburne arrives at a sentence. Let us know what you think about the podcast in this quick survey: surveymonkey.com/r/sentencing_explained Check out the episode study guide on our website: sentencingcouncil.nsw.gov.au/podcastSee omnystudio.com/listener for privacy information.

How can you represent people who have committed heinous crimes? This is a question often asked of Public Defenders like Belinda Rigg SC. As a Public Defender, Belinda is a salaried barrister who works for people charged with serious criminal offences who have been granted legal aid. She defends some of the most vulnerable people in society. Unlike many other lawyers, Belinda didn’t spend any time as a solicitor. In fact, she was so motivated to get into the courtroom that, with the support of her mentors and colleagues, she went straight to the Bar. Listen in to find out why Belinda chooses to work in one of the most publicly scrutinised roles in criminal law. Let us know what you think about the podcast in this quick survey: surveymonkey.com/r/sentencing_explained Check out the episode study guide on our website: sentencingcouncil.nsw.gov.au/podcastSee omnystudio.com/listener for privacy information.

Sentencing is a complex process. It has to consider the circumstances of the offender, and it needs a sense of justice to be felt by the victim and the wider community. How do you strike that balance?In this episode of Sentencing Explained, we talk with two former community members of the Sentencing Council, Howard Brown and Moira Magrath, about the challenges and benefits of being on the Council. They reflect on how their respective backgrounds in victims’ advocacy and corrective services helped shape their work with the Council. They also consider key issues in sentencing, such as the implications of mandatory sentencing and the need to avoid overregulation. Let us know what you think about the podcast in this quick survey: surveymonkey.com/r/sentencing_explained Check out the episode study guide on our website: sentencingcouncil.nsw.gov.au/podcastSee omnystudio.com/listener for privacy information.

Sentencing is a controversial topic. You often hear complaints that a sentence is too low, especially when the offender is guilty of a violent or sexual crime. This podcast 'Sentencing Explained' is brought to you by the New South Wales Sentencing Council. In this podcast series is we will talk with a number of judges of different New South Wales courts who will discuss the statutory framework for sentencing and how judges go about their tasks. We will also talk to prosecutors, defence counsel and discuss imprisonment and the parole system. We hope you will find the podcast interesting and informative.See omnystudio.com/listener for privacy information.