Sentencing & section 14
Sentencing
Representation in sentencing proceedings in the Local Court and District Court across NSW. Careful preparation of subjective material, rehabilitation evidence and sentencing submissions focused on achieving the best available outcome.
Section 14 Applications
Applications under section 14 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), including careful preparation of supporting psychological or psychiatric evidence, treatment plans and other material relevant to the application.
Appeals Against Sentence
Advice and representation in severity appeals from the Local Court to the District Court, including review of the original sentence, preparation of further subjective material where appropriate, and advocacy for a more favourable sentencing outcome.
Strategic Sentencing Preparation
Preparing for Sentence
A well-prepared sentencing case presents the Court with a complete picture of the offence, the circumstances of the offending, the client’s personal circumstances and the factors relevant to determining the appropriate sentence.
Preparation may include character references, psychological or psychiatric reports, evidence of rehabilitation and treatment, employment and family responsibilities, medical material and other subjective evidence. NFK Lawyers carefully prepares this material and sentencing submissions to demonstrate rehabilitation, prospects of reoffending and the matters supporting the most favourable sentencing outcome available.
“Effective sentencing advocacy begins with careful preparation.”
Sentencing & Mental Health Applications
Sentencing Options & Section 14
Section 10 Dismissals
A conviction is not inevitable following a finding of guilt. In appropriate cases, the Court may make an order under section 10 without recording a conviction, having regard to the offence, the person’s circumstances and the matters relevant to sentence.
Community-Based Sentences
Submissions may be made for non-custodial sentencing options, including Conditional Release Orders and Community Correction Orders, where available and appropriate having regard to the offence, the client’s circumstances, rehabilitation and other relevant sentencing factors.
Intensive Correction Orders
Where a sentence of imprisonment is being considered, an Intensive Correction Order may allow the sentence to be served in the community where legally available and appropriate. Careful preparation can address rehabilitation, treatment, supervision and other matters relevant to whether an ICO should be imposed.
Section 14 Applications
Section 14 applications require careful preparation of evidence concerning an eligible mental health impairment or cognitive impairment. Where appropriate, NFK Lawyers can obtain and present clinical evidence, treatment plans and supporting material relevant to the Court’s consideration of the application.
Severity Appeals
Representation in severity appeals from the Local Court to the District Court, including review of the sentence imposed, preparation of further evidence and subjective material where appropriate, and advocacy for a more favourable sentencing outcome.