NEGLIGENT DRIVING

Other Options at Sentencing

Our legal team will assist in the preparation of constructive submissions which aim to reduce the possibility of a maximum sentence being imposed. This will include submissions based on good character and your low likelihood of reoffending. These will aim to convince the Judge or Magistrate to be more lenient when using discretion at sentencing. There are multiple alternative penalties that a court may impose at sentencing. These include:

Section 10 Dismissal

s10 of the Crimes (Sentencing Procedure) Act 1999 (NSW) allows a court to use its discretion in dismissing a charge/s, upon an offender pleading guilty. The outcome is that a criminal conviction is not recorded, a good behaviour bond or a fine are not issued, and an offender will not receive a licence suspension or disqualification. Dismissals under s10 are only available where an offender has not committed a previous major traffic offence within a period of 5 years. In considering whether dismissal should be granted, the court will consider various factors, as listed in s10(3) which reads:
 (3) In deciding whether to make an order referred to in subsection (1), the court is to have regard to the following factors-
 (a) the person’s character, antecedents, age, health and mental condition,
 (b) the trivial nature of the offence,
 (c) the extenuating circumstances in which the offence was committed,
 (d) any other matter that the court thinks proper to consider.
The chances of obtaining a s10 dismissal are increased where an offender prepares documentation for the court including gathering references which demonstrate good character, where the offence took place during a difficult period in the offender’s life, and where the offender has taken initiative to attend therapy or counselling, or has sought psychological/ psychiatric assistance.
The completion of a Traffic Offender Program is also looked significantly and favourably upon by the court.

Conditional Release Order (CRO)

CROs are governed by s9 of the Crimes (Sentencing Procedure) Act 1999 (NSW). These are the most lenient penalty that may be imposed for a traffic offence and can extend for up to a period of two years. If you plead guilty or you are found guilty of a major traffic offence, a conditional release order may allow you to avoid a harsh penalty or possibly even a conviction. In this situation you will also not be fined, you will not lose demerit points, and you will not be disqualified from driving. This is also dependent upon compliance with the conditions that are set for a certain period of time. Such conditions may include not visiting or communicating with certain places or people, participating in rehabilitation programs, and abiding by a curfew. A CRO will likely be imposed in situations where you have good character, no prior criminal history, suffer from a mental health condition, where there are compelling circumstances which explain your conduct, or where the offence is minor.

Community Correction Order (CCO)

CCOs are governed by s8 and Part 7 of the Crimes (Sentencing Procedure) Act 1999 (NSW). They may be thought of as being a type of good behaviour bond, served within the community, lasting for up to three years. Certain conditions that this order holds includes:
   not committing further offences
   attending court if required
   participating in rehabilitation programs
   abstaining from drugs and/or alcohol
   not associating with, or visiting particular places or people
A CCO may be revoked or amended at any time, although the standard requirement of not committing further offences will always apply under any CCO.

Intensive Correction Order (ICO)

ICOs are alternative penalties to imprisonment. They are only applied once a court is satisfied that a prison sentence is most appropriate. There are specific rules that a court must follow when imposing an ICO, including:
   can only be imposed for prison sentences that are two years or less in duration
   community safety’ is the central reason for imposition
   an assessment report must be made prior to imposition
Similar to a CCO, an ICO requires an offender to not commit further offences, and must also be supervised by a community correction officer. Failure to do so may result in a informal warning, imposition of a curfew, and referral to the Parole Authority. In the latter case, additional conditions may be added to the ICO, or alternatively, the ICO may become revoked and the offender will be required to serve imprisonment.