Update 59 amends the Bench Book to update and revise various chapters, and incorporate recent case law and legislative developments. The following chapters have been revised:
Subjective matters
- [10-570] Deportation to add reference to the CDPP’s recently updated Sentencing of federal offenders in Australia: a guide for practitioners (edition 7.2), July 2024.
Section 21A factors “in addition to” any Act or rule of law
- The chapter at [11-000]ff has been extensively revised in relation to the discussion of mitigating factors under s 21A(3) of the Crimes (Sentencing Procedure) Act 1999 at [11-200]ff.
Sentencing Commonwealth offenders
- [16-000] Summary of relevant considerations to add reference to the CDPP’s recently updated Sentencing of federal offenders in Australia: a guide for practitioners (edition 7.2), July 2024.
- [16-050] Conditional release on parole or licence to add reference to The King v Hatahet [2024] HCA 23 regarding the distinction between the judicial function of sentencing and the executive function of determining parole.
Break and enter offences
- The chapter at [17-000]ff has been substantially revised and reference added to following cases:
- R v Ball [2021] NSWCCA 314 regarding the assessment of objective seriousness where the offence of aggravated break and enter was committed following provocation by the victim
- MM v R [2016] NSWCCA 235 and Taufa v R [2020] NSWCCA 264 regarding taking into account “circumstances of aggravation” in a s 112(2), (3) Crimes Act 1900 offence.
Sexual offences against children (NSW)
- [17-400]ff to add amendments consequential on the publication of the new [17-700] Commonwealth child sex offences (see below) and to update cross-references. Note: this chapter is currently under review.
Commonwealth child sex offences
- A new chapter, Commonwealth child sex offences, has been added at [17-700]ff. This chapter provides detailed commentary in respect of sentencing for Commonwealth child sex offences, and includes a table of such offences at [17-800] detailing maximum penalties and, where relevant, mandatory minimum penalties, with cross-references to relevant commentary in the chapter.
Fraud offences
- [20-065] Types of Commonwealth fraud to add reference to the CDPP’s recently updated Sentencing of federal offenders in Australia: a guide for practitioners (edition 7.2), July 2024.