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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Crimes (Sentencing Procedure)
Amendment (General Sentencing
Principles) Bill 2002
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Crimes (Sentencing Procedure) Act 1999
No 92 2
Schedule 1 Amendments 3
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE COUNCIL, has
finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW
SOUTH WALES.
Clerk of the Parliaments
egislative Council
2002
New South Wales
Crimes (Sentencing Procedure)
Amendment (General Sentencing
Principles) Bill 2002
Act No , 2002
An Act to amend the Crimes (Sentencing Procedure) Act 1999 to make further
provision with respect to sentencing under that Act.
Clause 1 Crimes (Sentencing Procedure) Amendment (General Sentencing
Principles) Bill 2002
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Crimes (Sentencing Procedure) Amendment (General
Sentencing Principles) Act 2002.
2 Commencement
This Act commences on a day to be appointed by proclamation.
3 Amendment of Crimes (Sentencing Procedure) Act 1999 No 92
The Crimes (Sentencing Procedure) Act 1999 is amended as set out in
Schedule 1.
Page 2
Crimes (Sentencing Procedure) Amendment (General Sentencing
Principles) Bill 2002
Amendments Schedule 1
Schedule 1 Amendments
(Section 3)
[1] Section 21A
Insert after section 21:
21A General sentencing principles
(1) In determining the sentence to be imposed on an offender, a
court must impose a sentence of a severity that is appropriate
in all the circumstances of the case.
(2) For that purpose, the court must take into account such of the
following matters as are relevant and known to the court:
(a) the nature and circumstances of the case,
(b) if the offence forms part of a course of conduct
consisting of a series of criminal acts--that course of
conduct,
(c) the personal circumstances of any victim of the offence,
including:
(i) the age of the victim (particularly if the victim is
very old or very young), and
(ii) any physical or mental disability of the victim,
and
(iii) any vulnerability of the victim arising because of
the nature of the victim's occupation,
(d) any injury, loss or damage resulting from the offence,
(e) the degree to which the offender has shown contrition
for the offence:
(i) by taking action to make reparation for any
injury, loss or damage resulting from the
offence, or
(ii) in any other manner,
(f) the need to deter the offender or other persons from
committing an offence of the same or a similar
character,
(g) the need to protect the community from the offender,
Page 3
Crimes (Sentencing Procedure) Amendment (General Sentencing
Principles) Bill 2002
Schedule 1 Amendments
(h) the need to ensure that the offender is adequately
punished for the offence,
(i) the character, antecedents, cultural background, age,
means and physical or mental condition of the offender,
(j) the prospect of rehabilitation of the offender.
(3) In addition, in determining whether a sentence under Division 2
or 3 of Part 2 is appropriate, the court must have regard to the
nature and severity of the conditions that may be imposed on,
or may apply to, the offender under that sentence.
(4) The matters to be taken into account by a court under this
section are in addition to any other matters that are required or
permitted to be taken into account by the court under this Act
or any other law.
(5) This section does not apply to the determination of a sentence
if proceedings (other than committal proceedings) for the
offence were commenced in a court before the commencement
of this section.
[2] Schedule 2 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Crimes (Sentencing Procedure) Amendment (General
Sentencing Principles) Act 2002
Page 4
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