Appendix A: Pt 4 Div 1A Table — standard non-parole periods

[8-000] Pt 4 Div 1A Table — standard non-parole periods

For legislative amendments to the Table, see Appendix B at [8-100].

Item No

Offence

SNPP

Commentary
  1A

Murder — where the victim was a police officer, emergency services worker, correctional officer, judicial officer, council law enforcement officer, health worker, teacher, community worker, or other public official, exercising public or community functions and the offence arose because of the victim’s occupation or voluntary work

25 years [30-020]
  1B*

Murder — where the victim was a child under 18 years of age

 25 years [30-020]
  1 Murder — in other cases 20 years [30-020]
  2

Section 26 Crimes Act 1900
(conspiracy to murder)

10 years [30-090]
  3

Sections 27, 28, 29 or 30 Crimes Act 1900
(attempt to murder)

10 years [30-100]
  4

Section 33 Crimes Act 1900
(wounding etc with intent to do bodily harm or resist arrest)

7 years [50-080]
  4AA Section 33A(1) Crimes Act 1900
(discharging a firearm with intent to cause grievous bodily harm) 		9 years [60-070]
  4AB Section 33A(2) Crimes Act 1900
(discharging a firearm with intent to resist arrest or detention) 		9 years [60-070]
  4A*

Section 35(1) Crimes Act 1900
(reckless causing of grievous bodily harm in company)

5 years [50-070]
  4B*

Section 35(2) Crimes Act 1900
(reckless causing of grievous bodily harm)

4 years [50-070]
  4C*

Section 35(3) Crimes Act 1900
(reckless wounding in company)

4 years [50-070]
  4D*

Section 35(4) Crimes Act 1900
(reckless wounding)

3 years [50-070]
  5

Section 60(2) Crimes Act 1900
(assault of police officer occasioning bodily harm)

3 years [50-120]
  6

Section 60(3) Crimes Act 1900
(wounding or inflicting grievous bodily harm on police officer)

5 years [50-120]
  7

Section 61I Crimes Act 1900
(sexual assault)

7 years [20-640]
  8

Section 61J Crimes Act 1900
(aggravated sexual assault)

10 years [20-660]
  9

Section 61JA Crimes Act 1900
(aggravated sexual assault in company)

15 years [20-670]
  9A^

Until 30 November 2018
Section 61M(1) Crimes Act 1900
(aggravated indecent assault)

5 years [17-510]
[20-690]
 

On and from 1 December 2018
Section 61KD(1) Crimes Act 1900
(aggravated sexual touching)

5 years  
  9B*^

Until 30 November 2018
Section 61M(2) Crimes Act 1900
(aggravated indecent assault)

[The standard non-parole period was increased from 5 to 8 years by the Crimes (Sentencing Procedure) Amendment Act 2007. This increase was held to have retrospective effect in R v GSH [2009] NSWCCA 214 at [46].]

8 years [17-510]
[20-690]
 

On and from 1 December 2018
Section 66DA Crimes Act 1900
(sexual touching — child under 10)

8 years  
  10

Section 66A Crimes Act 1900
(sexual intercourse with a child under 10)

15 years [17-480]
  10A Section 66B Crimes Act 1900
(attempt, or assault with intent, to have sexual intercourse with a child under 10 years) 		10 years [17-480]
  10B Section 66C(1) Crimes Act 1900
(sexual intercourse with a child 10–14 years) 		7 years [17-490]
  10C Section 66C(2) Crimes Act 1900
(aggravated sexual intercourse with a child 10–14 years) 		9 years [17-490]
  10D Section 66C(4) Crimes Act 1900
(aggravated sexual intercourse with a child 14–16 years) 		5 years [17-490]
  10E Section 66EB(2) Crimes Act 1900
(procure a child under 14 years for unlawful sexual activity) 		6 years [17-535]
  10F Section 66EB(2) Crimes Act 1900
(procure a child 14–16 years for unlawful sexual activity) 		5 years [17-535]
  10G Section 66EB(2A) Crimes Act 1900
(meet a child under 14 years following grooming) 		6 years [17-535]
  10H Section 66EB(2A) Crimes Act 1900
(meet a child 14–16 years following grooming) 		5 years [17-535]
  10I Section 66EB(3) Crimes Act 1900
(groom a child under 14 years for unlawful sexual activity) 		5 years [17-535]
  10J Section 66EB(3) Crimes Act 1900
(groom a child 14–16 years for unlawful sexual activity) 		4 years [17-535]
  10K Section 91D(1) Crimes Act 1900
(induce a child under 14 years to participate in child prostitution) 		6 years [17-540]
  10L Section 91E(1) Crimes Act 1900
(obtain benefit from child prostitution, child under 14 years) 		6 years [17-540]
  10M Section 91G(1) Crimes Act 1900
(use a child under 14 years for child abuse material purposes) 		6 years [17-541]
  10N Section 93GA(1) Crimes Act 1900
(fire a firearm at a dwelling-house or other building with reckless disregard for the safety of any person) 		5 years [60-070]
  10O Section 93GA(1A) Crimes Act 1900
(fire a firearm, during a public disorder, at a dwelling-house or other building with reckless disregard for the safety of any person) 		6 years [60-070]
  10P Section 93GA(1B) Crimes Act 1900
(fire a firearm, in the course of an organised criminal activity, at a dwelling-house or other building with reckless disregard for the safety of any person) 		6 years [60-070]
  11

Section 98 Crimes Act 1900
(robbery with arms etc and wounding)

7 years [20-270]
  12

Section 112(2) Crimes Act 1900
(breaking etc into any house etc and committing serious indictable offence in circumstances of aggravation)

5 years [17-050]
  13

Section 112(3) Crimes Act 1900
(breaking etc into any house etc and committing serious indictable offence in circumstances of special aggravation)

7 years [17-050]
  14

Section 154C(1) Crimes Act 1900
(taking motor vehicle or vessel with assault or with occupant on board)

3 years [20-400]
  15

Section 154C(2) Crimes Act 1900
(taking motor vehicle or vessel with assault or with occupant on board in circumstances of aggravation)

5 years [20-400]
  15A*

Section 154G Crimes Act 1900
(organised car or boat rebirthing activities)

4 years [20-420]
  15B

Section 203E Crimes Act 1900
(bushfires)

5 years [63-020]
  15C*

Section 23(2) Drug Misuse and Trafficking Act 1985
((cultivation, supply or possession of prohibited plants), being an offence that involves not less than the large commercial quantity (if any) specified for the prohibited plant concerned under that Act)

10 years [19-810]
  16

Section 24(2) Drug Misuse and Trafficking Act 1985
((manufacture or production of commercial quantity of prohibited drug), being an offence that:

(a) 

does not relate to cannabis leaf, and

(b) 

if a large commercial quantity is specified for the prohibited drug concerned under that Act, involves less than the large commercial quantity of that prohibited drug)

10 years [19-820]
  17

Section 24(2) Drug Misuse and Trafficking Act 1985
((manufacture or production of commercial quantity of prohibited drug), being an offence that:

(a) 

does not relate to cannabis leaf, and

(b) 

if a large commercial quantity is specified for the prohibited drug concerned under that Act, involves not less than the large commercial quantity of that prohibited drug)

15 years [19-820]
  18

Section 25(2) Drug Misuse and Trafficking Act 1985
((supplying commercial quantity of prohibited drug),
being an offence that:

(a) 

does not relate to cannabis leaf, and

(b) 

if a large commercial quantity is specified for the prohibited drug concerned under that Act, involves less than the large commercial quantity of that prohibited drug)

10 years [19-840]
  19

Section 25(2) Drug Misuse and Trafficking Act 1985
((supplying commercial quantity of prohibited drug),
being an offence that:

(a) 

does not relate to cannabis leaf, and

(b) 

if a large commercial quantity is specified for the prohibited drug concerned under that Act, involves not less than the large commercial quantity of that prohibited drug)

15 years [19-840]
  20

Section 7 Firearms Act 1996
(unauthorised possession or use of firearms)
[The standard non-parole period was increased from 3 to 4 years by the Crimes (Sentencing Procedure) Amendment (Firearms Offences) Act 2015. The 4-year standard non-parole period applies to offences committed on or after 21 August 2015]

4 years [60-040]
  21*

Section 51(1A) or (2A) Firearms Act 1996
(unauthorised sale of prohibited firearm or pistol)

10 years [60-050]
  22*

Section 51B Firearms Act 1996
(unauthorised sale of firearms on an ongoing basis)

10 years [60-050]
  23*

Section 51D(2) Firearms Act 1996
(unauthorised possession of more than 3 firearms any one of which is a prohibited firearm or pistol)

10 years [60-050]
  24*

Section 7 Weapons Prohibition Act 1998
((unauthorised possession or use of prohibited weapon) — where the offence is prosecuted on indictment)
[The standard non-parole period was increased from 3 to 5 years by the Crimes (Sentencing Procedure) Amendment (Firearms Offences) Act 2015. The 5-year standard non-parole period applies to offences committed on or after 21 August 2015]

5 years [60-060]

Extracted from Pt 4 Div 1A Crimes (Sentencing Procedure) Act 1999.

*

The transitional provisions for the new and amended standard non-parole periods introduced in 2007 state:

The amendments made to this Act by the Crimes (Sentencing Procedure) Amendment Act 2007 apply to the determination of a sentence for an offence whenever committed, unless:

(a) 

the court has convicted the person being sentenced of the offence, or

(b) 

a court has accepted a plea of guilty and the plea has not been withdrawn,

before the commencement of the amendments [1 January 2008].

^

The Table to Pt 4, Div 1A Crimes (Sentencing Procedure) Act 1999, as in force immediately before its amendment by the Criminal Legislation Amendment (Child Sexual Abuse) Act 2018, continues to apply in respect of an offence against s 61M(1) or (2) Crimes Act 1900 committed before the commencement of that amendment [1 December 2018].