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The decision

Information about what the Court considers when they make a decision and what penalty you could get.

Things the court considers

When sentencing you, the Magistrate will usually go through the details of the offence and your record. They will consider factors, such as:

  • the circumstances of the offence, including any 'aggravating' or 'mitigating' factors
  • the maximum and minimum penalty for the particular offence
  • your financial situation
  • your driving or criminal record
  • whether you have completed any relevant programs
  • whether or not you are remorseful for committing the offence
  • any Victim Impact Statements.

Sentencing Assessment Report

A Sentencing Assessment Report (SAR) is a report which may be ordered by the court after you plead guilty or are found guilty of a crime. The report is prepared by Community Corrections, which are part of Corrective Services NSW. Community Corrections will interview you and ask you questions for the purpose of the report. 

The report will include a risk assessment and make recommendations about whether you are suitable for a supervision plan or community service work.  

The assessment report will include: 

  • sources of information - this is a list of where the information in the report has come from
  • details about your current circumstances – this will include information about where you are living, your court matters, your family situation and education/employment
  • the risk of re-offending
  • the factors related to your offending behaviour, such as your attitude, substance abuse, your finances and your mental health
  • the factors that may affect your ability to change your behaviour, such as your willingness and ability to undertake intervention programs
  • how these factors would be addressed by supervision, and the availability of resources to provide such supervision
  • the conditions that would facilitate your supervision in the community
  • your suitability for community service work
  • a summary of your response to any previous community supervision
  • any other matters the Magistrate asks to be addressed.

An assessment report prepared for a home detention condition must address:

  • your suitability for home detention
  • any risks associated with home detention, including strategies to manage these risks
  • any other relevant matters.

An assessment report prepared for a home detention condition can’t be finalised until you have suitable accommodation.

Previously, Pre-Sentence Reports (PSR) were ordered by the court to help make a decision about what is an appropriate sentence. These have now been replaced with Sentencing Assessment Reports. 

 If you believe any of the factual information on the assessment report is incorrect, you should get legal advice.

Possible penalties

Every offence has a maximum penalty.  The maximum penalty is the highest penalty a court can give you for the offence. 

Depending on the t​ype of offence, the court may consider sentencing you to one or more of the following:

  • section 10
  • Conditional Release Order (CRO)
  • Community Correction Order (CCO)
  • Fine
  • Intensive Correction Order (ICO)
  • Imprisonment
  • Licence disqualification
  • Alcohol interlock

For more information, see Penalties for criminal offences.

Costs

In addition to any court fine you may receive for the offence you committed, you may also be ordered to pay courts costs, a victims support levy, legal costs, and criminal compensation.

For more information, see Paying costs.

Restitution

If the victim receives financial assistance or a payment from Victims Services, Victims Services can try to recover that money from you. This is called restitution. If Victims Services seeks restitution from you, they will send you a document called an Order for Restitution. ​

If you receive an Order for Restitution, you will need to respond within 28 days.

For more information, see Restitution.

Aboriginal sentencing programs

There are two specialist Aboriginal sentencing programs:

  • Circle sentencing
  • Walama List Pilot.

These programs are an alternative to the usual sentencing process. They aim to address the underlying causes of offending by Aboriginal and Torres Strait Islander people in a culturally sensitive and meaningful way. Eligible offenders who plead guilty to an offence can enter into an agreement to participate in these programs.  

For more information, see Aboriginal sentencing programs. 

Appealing the sentence

If you think that the sentence you are given is too harsh or inappropriate, don't argue with the Magistrate. You may be able to appeal to the District Court within 28 days of the decision.

You need to apply for leave (permission) to appeal because you pleaded guilty. 

Before you file an appeal, you should get legal advice.

For more information about appeals, see Appeals.​​