Number 11 — Sentenced to the rising of the court

Sentenced to the rising of the court

The sentencing of an offender "to the rising of the court" (hereafter referred to as ROC) is one of the penalties available to the criminal courts in New South Wales. Over the last five years, this penalty was used in under 3% of offences finalised in the Local Courts and in less than 1% of offences finalised in the higher courts. Nevertheless most judges and magistrates have used this penalty at one time or another, and it is traditionally viewed as part of the armoury of the sentencer. Moreover, as an analysis of sentencing statistics will show, it is a prevalent outcome in relation to multiple counts of dishonesty offences. This paper will examine the nature and function of ROC and analyse its use by the courts as evidenced in sentencing statistics. One of the more noteworthy features of this penalty is that so little has been written about it. It is not mentioned in any legislation. Although the Court of Criminal Appeal (CCA) has occasionally considered appeals where offenders have been sentenced to or seek ROC, the use or nature of ROC itself has not been the subject of judicial consideration.