Procedural and evidential matters

Procedural fairness

[1-000] Proceedings must take place in open court
[1-010] Reasons for decision
[1-020] Contemporaneity between passing of sentence and expression of reasons
[1-030] Published in oral form
[1-040] Opportunity of addressing the court on issues
[1-045] Excessive intervention by the court
[1-050] Opportunity of meeting the whole case
[1-060] Appeals
[1-070] Warnings for high risk and terrorism-related offenders

Obligations of the parties

[1-200] The prosecutor
[1-203] Submissions as to the bounds of the range prohibited
[1-205] Professional Rules and DPP Guidelines
[1-210] The defence
[1-220] Duty of legal practitioners to assist sentencing judge

Fact finding at sentence

[1-400] The judicial task of finding facts
[1-405] Onus of proof
[1-410] Standard of proof
[1-420] Disputed factual issues
[1-430] Factual issues need not be either aggravating or mitigating factors
[1-440] Fact finding following a guilty verdict
[1-445] Exceptions to approach in Cheung and Isaacs
[1-450] Fact finding following a guilty plea
[1-455] Plea agreements
[1-460] Agreed statements of facts
[1-470] Factual disputes following a committal for sentence
[1-480] Application of the Evidence Act 1995 to sentencing
[1-490] Untested self-serving statements
[1-500] De Simoni principle

The Judicial Commission of NSW, an independent statutory corporation, is part of the judicial arm of government. It was established by the Judicial Officers Act 1986.

We acknowledge the Gadigal people of the Eora Nation, the traditional custodians of the land on which the Commission is based, and pay respect to their Elders past and present.