Sentencing powers of the Local Court

On 7 July 2009 and 14 December 2009, the Attorney General asked us to review some issues relating to jurisidcitional limits on the sentencing powers of the Local Court. 

Report

We transmitted our Report: An examination of the sentencing powers of the Local Court of NSW (PDF, 949.3 KB) to the Attorney General on 25 January 2011.

Terms of reference

On 7 July 2009, the Attorney General issued the following terms of reference:

Pursuant to s 100J of the Crimes (Sentencing Procedure) Act 1999 (NSW), the Sentencing Council is to conduct a review of personal violence cases finalised in the Local Court to determine whether the court’s jurisdictional limit has produced a significant number of sentences that are not commensurate with the objective seriousness of the offence and the subjective circumstances of the offender. 

On 14 December 2009, the Attorney General issued the following terms of reference:

Pursuant to s100J of the Crimes (Sentencing Procedure) Act 1999, I would like the Sentencing Council to examine the relative merits of increasing the sentencing powers of the Local Court in respect of:

(a) the maximum penalty that may be imposed in respect of a single offence (from two to five years imprisonment); and

(b) the maximum property value in relation to indictable 'break and enter' offences that may be dealt with summarily under Chapter 5 of the Criminal Procedure Act 1986 (from $15,000 to $60,000).

In examining these proposals, I would like the Council to specifically consider the following matters:

• An analysis of any cases currently heard in the Local Court in which there is an identifiable concern that the jurisdictional limit is leading to sentences that do not reflect the objective criminality of the offences (it is noted that the Council's current reference in relation to personal violence cases finalised in the Local Court may assist in this regard);

• The impact of the proposals on the workloads of affected agencies including the Local and District Courts, police prosecutors, the Office of the Director of Public Prosecutions, Legal Aid Commission, Aboriginal Legal Service, Corrective Services NSW and the State Parole Authority and their capacity to accommodate the change in jurisdiction;

• Whether existing avenues of appeal are adequate;

• The potential impact of the proposals on the incidence of guilty pleas and jury trials;

• The likely effect on rural, remote and Aboriginal communities;

• Any other relevant matter.