Abolition of archaic concepts and terminology
felonies and misdemeanours	14.22-14.28
penal sentences	14.20-14.21
recognizances	4.3-4.5
Additional sentences
additional sentences upon second or third convictions	10.12-10.13
Commission's view of	10.19-10.20
Habitual Criminals Act 1957	10.10-10.11
Inebriates Act 1912	10.14-10.18
Additional terms of imprisonment
availability as part of life sentence	9.2-9.6
determination where further sentences	8.34
generally	8.17-8.18
method of determination	8.25-8.26
ratio to minimum term	8.17, 8.23-8.24
special circumstances exception to ratio to minimum term	8.22
Age
factor in re-determination of life sentence	9.26-9.27
factor in sentencing	14.17
Aggregate sentences
proposal for introduction of	8.43-8.47
Appellate review in sentencing cases	1.14
Backdating of sentences of imprisonment	8.53, 9.30, 9.32
Bonds see also Probation, Suspended sentences
common law bonds	4.10-4.12
conditions attaching to	4.13-4.19
restitution and compensation as conditions of	4.17-4.19
terminology	4.3-4.5
time limits of	4.6, 4.14-4.16
Circle sentencing in Canada see Conferencing
Common law principles
codification of rejected	1.7, 14.4
place of in consolidated sentencing	14.14-14.18
Community
view of sentences	1.17
Community Aid Panels see Conferencing
Community-based sanctions see also Community service orders, Conferencing, Home detention, Probation
costs of	1.21
Community Protection Act 1994 see Preventive detention
Community service orders
availability of	5.3-5.9
breach of	5.10-5.15
consequences of breach of	5.16-5.18
costs of	1.21
description of	5.1-5.2
mandatory suitability assessments for	5.7-5.9
offences attracting	5.3-5.6
separate offence for breach of	5.13-5.15
standard of proof to determine breach of	5.19-5.21
supervising court	5.10-5.12
Community Youth Conferences see Conferencing
Compensation see also Restitution
condition attaching to bonds	4.17-4.19
relevance of offender's ability to pay	13.13-13.14
statutory provisions governing	13.8-13.12
Concurrent sentences see also Further sentences
generally	8.29
partly concurrent sentences	8.36, 8.37, 8.60
presumption in favour of	8.30-8.32
Conferencing
admission of guilt	12.25
advantages of	12.6
Circle sentencing in Canada	12.3-12.4
Community Aid Panels	12.3, 12.4, 12.17
Community Youth Conferences	12.3
consent of participants to	12.23
description and availability of	12.1-12.5
disadvantages of	12.7
family group conferencing	12.4
legal advice for offenders prior to	12.24
legislative recognition of	12.19-12.21
legislative safeguards	12.22-12.27
mediation model	12.4
prohibition of publication of proceedings during	12.26, 12.27
purpose of	12.6
response to DP 33	12.8-12.18
Confiscation orders
partial forfeiture	13.19-13.22
potentially harsh effects of	13.19-13.22
relationship to sentencing	13.16-13.18
Consecutive sentences see Cumulative sentences
Consistency see also Guideline sentences, Sentencing guidelines, Sentencing information system,
between offenders generally	1.8, 1.10
co-offenders and	1.8
desirability of	1.8, 1.14
methods of securing	1.13-1.15
Co-offenders
principle of parity	1.8
Cumulative sentences see also Further sentences
effect on right to be released on parole	8.65-8.70
generally	8.29
partly cumulative sentences	8.36, 8.37, 8.60
presumption in favour of	8.29
required by legislation	8.54-8.57
restrictions on imposition of	8.58-8.64
Denunciation	14.12
Deterrence
general deterrence	14.12
general deterrence, omission of in Federal legislation	14.15
specific deterrence	14.12
Discretion
fundamental feature of sentencing	1.7
guiding judicial discretion	1.13-1.15
in abolition of s 5(2)	8.22-8.25
mandatory minimum sentences and	9.11, 9.17
preserving judicial discretion	5.6, 6.12-6.15, 7.11, 14.15
Disparity see also Consistency
evidence for	1.11-1.12
generally	1.8-1.9
methods of minimising	1.13-1.15
Drugs
life sentence for commercial dealing in drugs	9.1
mandatory life sentence for commercial drug dealing	9.9
Early release from imprisonment see also Parole
exceptional circumstances and	11.71-11.75
Felonies	14.22-14.28
Fines see also Infringement notices
cancellation of licence or registration for default	3.27-3.32
charge on property as sanction for default	3.33-3.36
day-fine system	3.10-3.14
default sanctions, generally	3.21-3.42
default sanctions under the Fines Act 1996	3.22
description of	3.1-3.2
fine option order	3.15-3.20
home detention as a sanction for default	3.37
imprisonment as a sanction for default	3.23-3.25
inequities in	3.5-3.20
time to pay	3.6-3.8
Fixed terms of imprisonment
as component of multiple sentences	8.38, 8.39
where required	8.18-8.21
Forensic patients	14.6
Forfeiture see Confiscation orders
Further sentences
imposition of	8.33-8.41
proposals for reform	8.42-8.53
General deterrence see Deterrence
Griffiths bond or Griffiths remand
statutory power to replace	4.12
use of	4.6, 4.10, 4.12
use of for conferencing	12.18-12.19
Guideline sentences	1.13
Habitual Criminals Act 1957 see Additional sentences
Hard labour	14.20-14.21
Hardship
factor in sentencing	14.17
Home detention
assessing suitability for	7.12-7.21
availability of front-end	7.4-7.21
back-end	7.29-7.31
description of	7.1
fine default and	3.37
front-end	7.2-7.28
hearing of revocation proceedings	7.24-7.26
Home Detention Act 1996	7.2-7.28
impact of on family	7.15-7.21
legislative constraints on eligibility to	7.8-7.11
purposes of	7.2
requirement to give reasons for sentences of less
	than six months, in conflict with
8.5
revocation for material change in circumstances	7.23
revocation of order of	7.22-7.28
Imprisonment see also Additional terms of imprisonment, Fixed terms of imprisonment, Minimum terms of imprisonment
cost of	1.18
impact on of truth in sentencing legislation	8.22
incidence of	1.16-1.17
sentences of less than six months	8.2-8.7
Imprisonment as a sentence of last resort
for fine default	3.22-3,25
principle of	8.2
reinforcement of	1.16, 8.2-8.7
Incapacitation see also Protective sentences
description	14.12
relationship to proportionality	10.1
Indefinite sentences
arguments for and against	10.4-10.7
Commission's view of	10. 8
meaning, availability and types of	10.3
Inebriates Act 1912 see Additional sentences
Infringement notices
advantages of	3.43
consolidated sentencing legislation and	3.52
definition of	3.1, 3.43
disadvantages of	3.49-3.51
Fines Act 1996 and	3.47-3.48
reform of	3.44-3.51
sanctions for default	3.21-3.42
Judicial Commission of NSW	1.15
Leniency
media claims of	1.17
in sentences of periodic detention	6.29, 6.35
in Stage II periodic detention	6.47
Life sentences of imprisonment see also Mandatory life sentences, Statutory minimum penalties, Re-determinations of life sentences
history of	9.1
life sentences with minimum terms	9.2-9.6
natural life sentences	9.1
Light labour	14.20-14.21
Mandatory life sentences
legislation on	9.7-9.10
objections to	9.11-9.18
Maximum penalties, rationalisation of		third phase of this reference	1.1
Media and sentencing	1.17, 3.21, 6.11
Mediation see Conferencing, Victims
Minimum terms of imprisonment
availability as part of life sentence	9.2-9.6
factors relevant to determination of	8.27
generally	8.17-8.18
method of determination	8.25-8.28
purpose of	8.27
ratio to additional term	8.22
requirement for	8.17-8.18
special circumstances exception to ratio to additional term	8.22-8.24
Misdemeanours	14.22-14.28
Multiple sentences see Aggregate sentences, Concurrent sentences, Cumulative sentences, Further sentences
Murder
life as sentence for	9.1
mandatory life sentences and	9.8
Net-widening
risk of with home detention	7.5-7.6
risk of with infringement notices	3.49
risk of with periodic detention	6.6-6.7
risk of with suspended sentences	4.21
risk of with two tier CSO system	5.5
Non-custodial sanctions see also Community-based sanctions, Community service orders, Fines, Probation
costs of	1.21
instead of imprisonment for a short term	8.2-8.7
use of for fine default	3.16, 3.22, 3,25
Offenders Review Board see Parole Board
ORB see Parole Board
Parole see also Parole Board, Serious Offenders Review Council
automatic release	11.11-11.15
cost of	1.21
criteria governing grant of	11.65-11.69
criticisms of	11.4
determination of generally	11.7-11.10
determination of where cumulative sentences	8.65-8.70
for prisoners with life sentences	11.74-11.75
judicial determination of	11.7-11.9
judicial review of decisions on	11.76-11.85
justification for	11.3-11.5
length of parole supervision	11.90-11.94
length of parole supervision in life sentences	9.5
matters considered when determining	11.63-11.64
meaning of	11.1
presumptions regarding grant of	11.54-11.59
prisoners with sentences of less than 3 years	11.11-11.15
procedures governing grant of	11.36-11.46
procedures governing revocation of	11.47-11.49
reconsideration after refusal of	11.86-11.89
retention of	11.3-11.6
victim role in	11.23, 11.40-11.43
Parole Board
Chairperson, powers of	11.38-11.39, 11.69
community members	. 11.17-11.18, 11.22-11.26
composition of	11.17-11.26
Crown submissions to	11.63
decisions of	11.50-11.70
duty of	11.53-11.64
functions of	11.10
home detention and	7.22, 7.24-7.28
independence of	11.19, 11.27-11.28
judicial members	11.17-11.21
judicial review of decisions of	11.76-11.85
members' term of appointment	11.27-11.28
name of	11.16
nature of	11.7
procedures of	11.36-11.49
professional development for members	11.29-11.30
reasons for decisions of	. 11.65-11.70, 11.89, 11.93
victim submissions to	11.40-11.43

Confiscation orders
partial forfeiture	13.19-13.22
potentially harsh effects of	13.19-13.22
relationship to sentencing	13.16-13.18
Consecutive sentences see Cumulative sentences
Consistency see also Guideline sentences, Sentencing guidelines, Sentencing information system,
between offenders generally	1.8, 1.10
co-offenders and	1.8
desirability of	1.8, 1.14
methods of securing	1.13-1.15
Co-offenders
principle of parity	1.8
Cumulative sentences see also Further sentences
effect on right to be released on parole	8.65-8.70
generally	8.29
partly cumulative sentences	8.36, 8.37, 8.60
presumption in favour of	8.29
required by legislation	8.54-8.57
restrictions on imposition of	8.58-8.64
Denunciation	14.12
Deterrence
general deterrence	14.12
general deterrence, omission of in Federal legislation	14.15
specific deterrence	14.12
Discretion
fundamental feature of sentencing	1.7
guiding judicial discretion	1.13-1.15
in abolition of s 5(2)	8.22-8.25
mandatory minimum sentences and	9.11, 9.17
preserving judicial discretion	5.6, 6.12-6.15, 7.11, 14.15
Disparity see also Consistency
evidence for	1.11-1.12
generally	1.8-1.9
methods of minimising	1.13-1.15
Drugs
life sentence for commercial dealing in drugs	9.1
mandatory life sentence for commercial drug dealing	9.9
Early release from imprisonment see also Parole
exceptional circumstances and	11.71-11.75
Felonies	14.22-14.28
Fines see also Infringement notices
cancellation of licence or registration for default	3.27-3.32
charge on property as sanction for default	3.33-3.36
day-fine system	3.10-3.14
default sanctions, generally	3.21-3.42
default sanctions under the Fines Act 1996	3.22
description of	3.1-3.2
fine option order	3.15-3.20
home detention as a sanction for default	3.37
imprisonment as a sanction for default	3.23-3.25
inequities in	3.5-3.20
time to pay	3.6-3.8
Fixed terms of imprisonment
as component of multiple sentences	8.38, 8.39
where required	8.18-8.21
Forensic patients	14.6
Forfeiture see Confiscation orders
Further sentences
imposition of	8.33-8.41
proposals for reform	8.42-8.53
General deterrence see Deterrence
Griffiths bond or Griffiths remand
statutory power to replace	4.12
use of	4.6, 4.10, 4.12
use of for conferencing	12.18-12.19
Guideline sentences	1.13
Habitual Criminals Act 1957 see Additional sentences
Hard labour	14.20-14.21
Hardship
factor in sentencing	14.17
Home detention
assessing suitability for	7.12-7.21
availability of front-end	7.4-7.21
back-end	7.29-7.31
description of	7.1
fine default and	3.37
front-end	7.2-7.28
hearing of revocation proceedings	7.24-7.26
Home Detention Act 1996	7.2-7.28
impact of on family	7.15-7.21
legislative constraints on eligibility to	7.8-7.11
purposes of	7.2
requirement to give reasons for sentences of less than six months, in conflict with	8.5
revocation for material change in circumstances	7.23
revocation of order of	7.22-7.28
Imprisonment see also Additional terms of imprisonment, Fixed terms of imprisonment, Minimum terms
of imprisonment
cost of	1.18
impact on of truth in sentencing legislation	8.22
incidence of	1.16-1.17
sentences of less than six months	8.2-8.7
Imprisonment as a sentence of last resort
for fine default	3.22-3,25
principle of	8.2
reinforcement of	1.16, 8.2-8.7
Incapacitation see also Protective sentences
description	14.12
relationship to proportionality	10.1
Indefinite sentences
arguments for and against	10.4-10.7
Commission's view of	10. 8
meaning, availability and types of	10.3
Inebriates Act 1912 see Additional sentences
Infringement notices
advantages of	3.43
consolidated sentencing legislation and	3.52
definition of	3.1, 3.43
disadvantages of	3.49-3.51
Fines Act 1996 and	3.47-3.48
reform of	3.44-3.51
sanctions for default	3.21-3.42
Judicial Commission of NSW	1.15
Leniency
media claims of	1.17
in sentences of periodic detention	6.29, 6.35
in Stage II periodic detention	6.47
Life sentences of imprisonment see also Mandatory life sentences,
Statutory minimum penalties, Re-determinations of life sentences
history of	9.1
life sentences with minimum terms	9.2-9.6
natural life sentences	9.1
Light labour	14.20-14.21
Mandatory life sentences
legislation on	9.7-9.10
objections to	9.11-9.18
Maximum penalties, rationalisation of
third phase of this reference	1.1
Media and sentencing	1.17, 3.21, 6.11
Mediation see Conferencing, Victims
Minimum terms of imprisonment
availability as part of life sentence	9.2-9.6
factors relevant to determination of	8.27
generally	8.17-8.18
method of determination	8.25-8.28
purpose of	8.27
ratio to additional term	8.22
requirement for	8.17-8.18
special circumstances exception to ratio to additional term	8.22-8.24
Misdemeanours	14.22-14.28
Multiple sentences see Aggregate sentences, Concurrent sentences,
Cumulative sentences, Further sentences
Murder
life as sentence for	9.1
mandatory life sentences and	9.8
Net-widening
risk of with home detention	7.5-7.6
risk of with infringement notices	3.49
risk of with periodic detention	6.6-6.7
risk of with suspended sentences	4.21
risk of with two tier CSO system	5.5
Non-custodial sanctions see also Community-based sanctions,
Community service orders, Fines, Probation
costs of	1.21
instead of imprisonment for a short term	8.2-8.7
use of for fine default	3.16, 3.22, 3,25
Offenders Review Board see Parole Board
ORB see Parole Board
Parole see also Parole Board, Serious Offenders Review Council
automatic release	11.11-11.15
cost of	1.21
criteria governing grant of	11.65-11.69
criticisms of	11.4
determination of generally	11.7-11.10
determination of where cumulative sentences	8.65-8.70
for prisoners with life sentences	11.74-11.75
in exceptional circumstances	11.71-11.75
judicial determination of	11.7-11.9
judicial review of decisions on	11.76-11.85
justification for	11.3-11.5
length of parole supervision	11.90-11.94
length of parole supervision in life sentences	9.5
matters considered when determining	11.63-11.64
meaning of	11.1
presumptions regarding grant of	11.54-11.59
prisoners with sentences of less than 3 years	11.11-11.15
procedures governing grant of	11.36-11.46
procedures governing revocation of	11.47-11.49
reconsideration after refusal of	11.86-11.89
retention of	11.3-11.6
victim role in	11.23, 11.40-11.43
Parole Board
Chairperson, powers of	11.38-11.39, 11.69
community members	. 11.17-11.18, 11.22-11.26
composition of	11.17-11.26
Crown submissions to	11.63
decisions of	11.50-11.70
duty of	11.53-11.64
functions of	11.10
home detention and	7.22, 7.24-7.28
independence of	11.19, 11.27-11.28
judicial members	11.17-11.21
judicial review of decisions of	11.76-11.85
members' term of appointment	11.27-11.28
name of	11.16
nature of	11.7
procedures of	11.36-11.49
professional development for members	11.29-11.30
reasons for decisions of	11.65-11.70, 11.89, 11.93
victim submissions to	11.40-11.43

Penal servitude	14.20-14.21
Penalty notices see Infringement notices
Periodic detention
availability of	6.4-6.10
consequences of successful appeals from cancellation of	6.35-6.36
description of	6.1
domestic violence offences and	6.8-6.10
element of leniency in	6.29
non-attendance	6.11-6.18
notice to cancel order of	6.25-6.28
rationale of	6.2
re-sentencing following revocation of order of	6.29-6.31
revocation of order of	6.19-6.36
revocation under s 24	6.23-6.24
revocation under s 25	6.20-6.22
rights of appeal from cancellation of order of	6.32-6.34
sentences of less than 3 months and	6.5-6.7
Stage II of	6.37-6.49
Pre-sentence reports
accessibility and resources	2.7-2.10
availability of	2.5
contents of	2.11-2.12
description of	12.2-12.4
legislative base for	2.6
Preventive detention
arguments for and against	10.25-10.27
Commission's view of	10.28
Community Protection Act 1994	10.22-10.24
incapacitation and	10.21
meaning and availability of	10.21-10.24
Probation see also Bonds, Suspended sentences
common law bonds	4.6, 4.10-4.12
conditions attaching to	4.7, 4.13-4.19
description of	4.1
legal basis of	4.6
proposed restructuring of	4.6-4.9
restitution and compensation as conditions of	4.17-4.19
terminology	4.3-4.5
time limits on bonds	4.14-4.16
Proportionality
incapacitation and	10.1
principle of	8.27, 8.32, 10.4, 10.19
Protective sentences see also Additional sentences, Indefinite sentences, Preventive detention
notion of	10.1
types of	10.2
Punishment
purposes of	8.27
Range see also Consistency, Leniency
ascertaining appropriate range	1.14-1.15
Reasons for sentence
home detention, and	7.6
importance of	1.15
ordering compensation or restitution with a bond	4.19
periodic detention, and	6.7
sentences of six months or less	1.16, 8.2-8.7
suspended sentences, and	4.23
Recognizances see Bonds
Re-determinations of life sentences
applicability of s 13A Sentencing Act 1989	9.18
commencement of minimum term of	9.19, 9.28-9.33
factors to be taken into account in	9.20-9.27
restrictions on application for	9.34-9.40
Rehabilitation
description	14.12
evidence of in serious offenders	9.4
parole and	11.4, 11.56, 11.61-11.62, 11.89
Release on licence
availability of prior to 1989	9.18, 9.36, 11.71, 11.74
knowledge of in re-determination of life sentences	9.20-9.25
under Habitual Criminals Act 1957 (NSW)	10.19
under Inebriates Act 1912 (NSW)	10.16, 10.19
Remissions
abolition in NSW	8.8-8.10
meaning and effect of	8.8, 8.9
refusal of courts to take into account abolition of	8.9
reintroduction of	8.11-8.16
types of	8.8
Reparation see also Compensation, Restitution
ancillary to sentencing process	13.2
categories	13.1
purposes of punishment and	13.2
Restitution see also Compensation, Reparation
condition attaching to bonds	4.17-4.19
current statutory provisions governing	13.3
deficiencies in current provisions	13.4-13.6
proposed power to order	13.7
Retribution	14.12
Royal prerogative	9.1, 9.36, 11.72-11.75
Sentences of six months or less
reasons for	8.2-8.7
Sentencing
common law principles of	14.14-14.18
community views of	1.17
rationale of	14.10-14.13
Sentencing Act 1989 see Additional terms, Fixed terms, Minimum terms, Sentencing methodology,
Special circumstances under s 5(2) of Sentencing Act 1989, Truth in sentencing
Sentencing administration law	14.5, 14.6, 14.9
Sentencing guidelines	1.13
Sentencing Information System	1.15
Sentencing law
abolition of archaic terminology in	14.19-14.26
codification of	14.4, 14.15-14.16
common law principles and consolidation of	14.14-14.18
community understanding of	14.18
consolidation of	3.52, 14.2-14-9
purposes in consolidation of	14.10-14.13
relationship between common law and statutory sources of	14.4
sentencing administration law and	14.5-14.9
Sentencing methodology	8.25-8.28
Serious offenders
designation of	11.11, 11.31
management of	11.31-11.34, 11.67
parole for	11.37, 11.41, 11.54, 11.58,
	11.80
parole supervision for	11.90, 11.93-11.94
Serious Offenders Review Council
composition of	11.31
functions of	11.31
judicial members	11.35
performance of	11.33-11.34
public interest and functions of	11.32, 11.64
victim submissions to	11.32
SORC see Serious Offenders Review Council
Special circumstances under s 5(2) of Sentencing Act 1989
meaning and effect of	8.22-8.24
repeal of	8.23
Special groups of offenders
second phase of this reference	1.1
Statutory maximum penalties
sentence exceeding	8.54
third phase of this reference	1.1
Statutory minimum penalties
mandatory life sentences as	9.11
objections to	9.11, 9.17
sentence exceeding	8.54
Suspended sentences see also Bonds, Probation
advantages of	4.22
availability before 1974	4.20
definition of	4.20
disadvantages of	4.21, 4.23
proposed reintroduction of	4.21-4.23
Tariffs see also Range
role of	1.7, 1.13
Totality
principle of	8.31-8.33, 8.42, 8.46, 8.52,
	9.29, 9.31
Truth in sentencing	6.40, 6.46, 6.47, 7.29-7.31,
	8.16, 8.47, 9.4, 11.56, 11.73
Victim impact statements
admissibility at common law	2.14
admissibility by statute	2.16-2.19, 2.25-2.26
authentication of	2.32-2.33
Commission's view on admissibility	2.15-2.17, 2.20-2.26, 2.28
confidentiality of	2.36
contents of	2.26, 2.28, 2.31, 2.34
court control of admissibility	2.26
cross-examination on	2.30, 2.35
death cases, in	2.19-2.25, 2.26
definition of victim for purposes of	2.18-2.19, 2.25
extent of admissibility	2.13-2.28
form of	2.32-2.33
general admissibility of	2.28
meaning of	2.14
procedures relating to	2.29-2.36
purpose of	2.15-2.16, 2.21-2.23, 2.28
tendering of	2.30-2.31, 2.33
types of cases in which admissible	2.14-2.18, 2.25
wishes of victim in relation to	2.27, 2.31
Victims see also Victim impact statements
charter of victims' rights	2.13
conferencing schemes involving	12.4, 12.9-12.10, 12.23
movement to improve consideration for	2.13
needs of	2.13, 12.6
rights of generally	2.29
role of in the criminal justice system	2.13, 2.29, 12.6
submissions to Parole Board	11.40-11.43
submissions to SORC	11.32
victim/offender mediation	12.4, 12.23
wishes of in relation to sentence	2.34
Victims Advisory Board	2.13
Victims of Crime Bureau	2.13
Victims Register	11.40
Young offenders see also Age
conferencing schemes for	12.3, 12.12
exclusion from mandatory life sentences	9.14