Sentencing

Aboriginal People

“Walama List and Cultural Healing: Not Just A List But An Idea” her Honour Justice Dian Yehia – March 2023 (link to PD site).

“The Bar Book Project: Presenting Evidence of Disadvantage”  Her Honour Judge Sophia Beckett – March 2019 (link to PD site).

“The Bar Book Project: Making Use of the Bar Book in sentence and section 32 proceedings.” (link to PD site) Rebecca McMahon – August 2019.

“Sentencing Aboriginal Offenders – ‘Striving For Equality Before the Law’ “His Honour Judge Stephen Norrish QC – August 2017

“Indigenous Offenders Sentencing Checklist” Her Honour Judge Dina Yehia SC – June 2016

“Current Issues in Sentencing – Sentencing Indigenous Australians – Judicial Challenges and Possible ‘Solutions’ “. His Honour Judge Stephen Norrish QC – February 2016

“The Impact of Bugmy and Munda on Sentencing Aboriginal and Other Offenders” The Honourable Justice Stephen Rothmam AM – February 2014 (link to Supreme Court site).

“Sentencing Indigenous Offenders: Not Enough ‘Judicial Notice’?” – His Honour Judge Stephen Norrish QC – October 2013 (link to Judicial Conference of Australia site)

“Justice for Aboriginal People in the Justice System.” His Honour Judge Stephen Norrish QC – December 2010

“The Fernando Principles: The Sentencing of Indigenous Offenders in NSW” Janet Manuel SC  – December 2009 (link to PD website)

Assistance to Authorities

“Self Dogging: s.23 CSPA Getting the Most From Those Full and Frank Admissions to Police.” Toshi Weller-Wong –  June 2022

” ‘ Going the Dog’: Sentencing And Assistance To Law Enforcement Authorities.” Riyad El-Choufani, Sophie Williams and Daniel Pace – August 2017 (link to Legal Aid NSW site).

Bench Book

“Sentencing Bench Book” – NSW Judicial Commission (link to NSW Judicial Commission website)

Child Sex Offender Register

“The NSW Child Sex Offender Register” Nerissa Keay – September 2012.

Powerpoint presentation accompanying “The NSW Child Sex Offender Register” Nerissa Keay – September 2012.

Children

“Youth As A Mitigating Factor: To What Extent Does The Principle Survive?” Her Honour Judge Dina Yehia SC – June 2007 (link to PD website).

“The Role of Rehabilitation in Sentencing Children for Serious Offences” Lester Fernandez – April 2004

Commonwealth Crime

“Sentencing of Federal Offenders in Australia – A Guide for Practitioners” (Sixth Edition) – CDPP – April 2023  (link to CDPP site).

“Basics of Commonwealth Sentencing Law.” Sarah McNaughton SC, Commonwealth Director of Public Prosecutions – December 2021.

Criminal Records

“Legal Consequences of Conviction in New South Wales” – Stephen Lawrence and Osman Samin – August 2020.

“Reading a Criminal Record” Soibhan Mullany and Rosemarie Lambert – October 2012.

“Children’s Criminal Records and Convictions” Aaron Tang and Louise Brown – September 2011

District and Supreme Courts

“Tips for Your District Court Sentence Practice -What to Do and What to Avoid” Derek Buchanan – March 2021

Sentencing, the District Court, and You.” William Buxton – June 2019

“Sentencing in Serious Criminal Matters” Eric Wilson SC – February 2010 (link to PD website)

“Tactical Plea Making in The Superior Courts” His Honour Judge Craigie SC and Chrissa Loukas SC – September 2009 (link to PD website)

“Sentencing in the District Court: Practical Considerations” John Stratton SC – September 2007 (link to PD website)

“Sentencing Advocacy” His Honour Judge Norrish QC – May 2005 (link to PD website)

Diversionary Schemes

“Diversionary and Other Schemes in the Local Court” His Honour Judge Henson, Chief Magistrate of NSW – March 2015

Driving Disqualification

“Road Trip: An Abbreviated Guide To The Road Transport Legislation” Darren Robinson updated by Imogen Hogan  – March 2020

“Unauthorised Driving Offences and Applications to Remove Disqualification Periods.” Diane Elston – March 2019

“Recent Developments in Sentencing For Traffic Offences Including Post O’Sullivan Higginson and Meakin”  His Honour Magistrate Brett Thomas – January 2013

Drugs – Compulsory Drug Treatment Orders

“Residential Rehabilitation & Detoxification Facilities in NSW: A Resource for Lawyers and Their Clients.” Ruth Carty – April 2021

“Quick Guide to Compulsory Drug Treatment Correctional Centre” Legal Aid Drug Court solicitors – June 2010

Fact Finding

“Fact Finding on Sentence” Daniel Pace and Riyad El-Choufani – August 2018 (link to legal Aid NSW site)

Fines

“Fines and Their Enforcement” Jane Sanders – December 2013

General Principles

“Sentencing Checklist” Her Honour Judge Yehia SC – January 2019

Is Discretion the Better Part of Sentencing?” – The Honourable T F Bathurst AC, Chief Justice of NSW – March 2019 (link to PD site).

“Sentencing Reforms in NSW: Don’t Fence Me In.” Matt Davis – November 2018

“Sentences and Sentencing” – The Honourable Justice Blanch AO QC – February 2015 (from PD site)

“Sentencing In The 21st Century” The Honourable Justice Peter McClellan AM – April 2012 (link to Supreme Court site)

“Sentencing – Good, Bad and Indifferent” His Honour Judge Nicholson SC – September 2011

“Principled Sentencing Practice” Paul Townsend – June 2011

“Local Court Sentencing – A Practical Overview” Vaughan Roles – March 2011.

Good Behaviour Bonds

“Defended Breach of Bond Proceedings” Derek Buchanan – August 2015

Guilty Pleas – Early Appropriate Guilty Pleas

“The EAGP Scheme: Traps, Tactics, and Ethics for Defence Lawyers.” – Richard Wilson SC Deputy Senior Public Defender – August 2023

“Table of Common Charge Options for State Offences.” The Public Defenders – February 2022

“Pleas of Convenience, Charge Negotiation and Other Ethical Conundrums Under the EAGP Scheme.” Richard Wilson, Acting Senior Public Defender – March 2019 (link to PD site)

“Early Guilty Pleas: A New Ball Game” Mark Ierace SC – April 2018 (link to PD site). “Early Appropriate Guilty Pleas” (Powerpoint Presentation) Robert Hoyles – March 2018

EAGP Reform – A Guide for Defence Practitioners April 2018 (link to Legal Aid NSW site)

Section 72 Assistance for Practitioners April 2018 (link to Legal Aid NSW site).

Section 72 – Explanation to Legally Represented Accused If Statutory Utilitarian Discount Caps Apply April 2018 (link to Legal Aid NSW site).

Section 72 – Explanation to Legally Represented Accused If Statutory Utilitarian Discount Caps Do Not Apply April 2018 (link to Legal Aid NSW site).

Agreement Between NSW Police Force and ODPP (NSW) Concerning the Content and Service of An Early Appropriate Guilty Plea Brief and Charge Certification. April 2018 (link to Legal Aid NSW site).

Guilty Pleas – Generally

“The Busy Practitioner’s Quick Guide to Plea Traversals” Cailtin Akthar – February 2023

“The Plea of Guilty (How to Protect Your Client and Youur Practising Certificate)” Eugene Renard – June 2022

“Pleas and Traversals” Wil Tuckey – June 2018

“Convenience Pleas” Benjamin Bickford – June 2011

Immigration Issues

“Representing Non-Citizens in Trouble With the Law; the Migration Act 1958 (Cth) for Criminal Lawyers”. Stephen Lawrence and Nathan Willis – July 2019

“Visa Cancellations For Clients with Criminal Histories” presentation by Ben Mostyn; notes by Siobhan Mullany – March 2012.

Intensive Correction Orders

“The Contemporary State of the Law Concerning Intensive Corrections Orders in New South Wales” Osman Samin – March 2023

“Intensive Correction Orders: Revocation and the State Parole Authority.” Eugene Renard and Rebecca Simpson

Local Court

“Section 58 Issues” Joesph Healy – October 2021

“Current Issues in Sentencing in The Local Court” His Honour MagistrateBrett Thomas – August 2011.

“Local Court Sentencing – A Practical Overview” Vaughan Roles – March 2011.

Mental Health

“Mental Health and Sentencing” Cara Feiner – March 2013

No Conviction

“Section 10; Its Use, Misuse, Non-Use and Over Use” His Honour Magistrate Brett Thomas – November 2011

Parole

“The Other Trifecta – Prisons, Parole and Programs.” – Keppie Waters – August 2017 (link to Legal Aid NSW site).

“Parole – Frequently Asked Questions” Bharan Narula – March 2015

“Parole, ‘Normal Community Life’ and Other Mysteries” Will Hutchins and Keppie Waters – March 2013

“Update on Parole and the State Parole Authority” Will Hutchins – July 2012

Plea Bargaining

“Table of Common Charge Options for State Offences.” The Public Defenders – February 2022

“Negotiating With the DPP(NSW)” Chris Maxwell QC, Deputy Senior Crown Prosecutor – March 2015

“Writing Reps – Ten “Pro Tips” For Young Players” Rosie Lambert – September 2012

“Negotiating With Police and Prosecutors” Stephen Lawrence – June 2011

Reforms – Sentencing Reforms

“NSW Sentencing Law: A Paradigm Shift?” Her Honour Judge Yehia SC – March 2019

“Sentencing Reforms in NSW: Don’t Fence Me In.” Matt Davis – November 2018

Sentencing Reforms Webinar (link to Legal Aid NSW site).

Sentencing Reforms Podcast (link to Legal Aid NSW site).

New Sentencing Hierarchy (link to Legal Aid NSW site).

Quick Reference Guide to Sentencing Reforms – Richard Wilson (link to Legal Aid NSW site).

Custodial and Non-Custodial Community Based Orders – Judicial Commission of NSW Sentencing Bench Book (link to Judicial Commission site).

Rehabilitation

“Residential Rehabilitation & Detoxification Facilities in NSW: A Resource for Lawyers and Their Clients.” Ruth Carty – April 2021

Standard Non-Parole Periods

“Sentencing Since Muldrock Richard Wilson – March 2013 (link to PD site).

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