Sentencing of Sex Offenders (NSW)
When a person is being sentenced for committing certain sexual and child sexual offences there are additional sentencing principles that apply beyond the normal sentencing exercise. This article explains the additional sentencing principles and related orders that apply to sexual and child sexual offences.
Sentencing Principles:
Totality and Multiple Victims
When sentencing an offender for multiple offences against multiple victims the Court must take care that the terms of imprisonment imposed for each offence is just and proportionate to the offending behaviour. The Court will also need to determine whether the sentences for each offence should be imposed consecutively or concurrently. For more information see our article on Concurrent and Consecutive Sentences.
Regard for Trauma of Sexual Abuse of Children
At the time of sentencing an offender for a child sexual offence, Section 25AA of the Crimes (Sentencing Procedure) Act 1999 says the Court must have regard to the trauma of sexual abuse on children as understood at the time of sentencing which may include recent psychological research or the common experience of the Courts.
Intensive Corrections Order Not Available
Section 67(1)(b) of the Crimes (Sentencing Procedure) Act 1999 excludes an Intensive Corrections Order from being an available sentencing option for a “prescribed sexual offence”. Prescribed Sexual Offences include:
- Sexual offences against adults and children and sexual servitude where:
- The victim of the offence is under the age of 16, or
- An offence the victim of which is any age and includes sexual intercourse,
- Child prostitution and child abuse material offences.
- Recording intimate images and private parts where the victim is under 16 years.
Standard Non-Parole Periods
Standard non-parole periods indicate Parliament’s assessment of the seriousness of the offence. Magistrates and Judges are required to take these periods into account when determining the appropriate sentence for the offence. A standard non-parole period does not mean a person will automatically be sentenced to imprisonment for that period of time, but it is an important sentencing factor that will be considered and weighed against the objective seriousness of the offence, the offender’s moral culpability and the offender’s subjective circumstances.
Related Consequences and Orders:
Child Protection Register
When a person has been convicted of a child sex offence they will become a “registrable person” and placed on the Child Protection Register. For more information see our article on Child Protection Register and Sentencing.
Working With Children Checks
Under the Child Protection (Working With Children) Act 2012, a person convicted of a child sex offence automatically becomes a “disqualified person”. This means the person is prohibited from obtaining a Working With Children Check clearance, which is required to work in a child-related work and other circumstances. For more information see our article on Working With Children Checks and Sentencing.
Extended Supervision Orders
The Crimes (Serious Sex Offenders) Act 2006 allows the Attorney-General to apply for a “continuing detention order” or an “extended supervision order” for a “serious sex offender”. Such an offender has:
- committed a sex offence against a child, or an aggravated sex offence against an adult, punishable by imprisonment of 7 years or more;
- engaged in persistent sexual abuse of a child;
- committed a break and enter with an intent to commit a sexual offence;
- used an intoxicating substance with an intent to commit a sexual offence.
A continuing detention order allows for the extension of a serious sex offender’s term of imprisonment when the original sentence has been served. An extended supervision order allows for further supervision of an offender in the community, once their initial supervision order has expired, where the offender poses an unacceptable risk of committing a serious sex offence if unsupervised.