A guilty verdict in a sexual assault matter does not mark the end of court proceedings. What follows is the sentencing hearing, which will determine the punishment for the offender. Understanding what comes next is important for anyone facing this situation.
What happens between a guilty verdict and sentencing?
After a guilty verdict, the matter does not proceed immediately to sentence. The court will typically adjourn to allow both the prosecution and defence to prepare sentencing submissions. During this period, several things may occur:
- A Sentencing Assessment Report may be requested — The court may order a report from Community Corrections, which assesses the offender’s background, circumstances, and rehabilitation prospects. This report can provide useful information to the sentencing judge.
- Victim impact statements are prepared — The complainant and, in some cases, other affected people may provide written statements to the court describing the impact the offence has had on their lives. The court considers these when determining the appropriate sentence.
- The defence gathers supporting material — This may include affidavits, psychological reports, evidence of rehabilitation steps taken, and any other material that speaks to the offender’s personal circumstances.
What penalties can a court impose?
The penalties available to the court will depend on which offence the person has been convicted of and the specific circumstances of the case. Sexual assault offences in NSW carry high maximum penalties, and the court has a range of options available depending on the objective seriousness of the offence and the offender’s personal history.
Possible sentencing outcomes include:
- Full-time imprisonment — The most common outcome for sexual assault convictions. The court will set a head sentence and a non-parole period, which is the minimum time that must be served before the offender is eligible for parole.
- Community Corrections Order (CCO) — A CCO is a less common outcome but is still available to the sentencing judge. The offender is released into the community subject to conditions.
Intensive Correction Orders are not an available sentence option for sexual assault.
The Court must also take into account the standard non-parole period of 7 years for sexual assault. The standard non-parole period is a legislative guidepost that represents the objective seriousness of the offence.
What is the Child Protection Register?
A conviction for a registrable sexual offence in NSW will trigger automatic registration on the Child Protection Register under the Child Protection (Offenders Registration) Act 2000.
Registration carries ongoing reporting obligations, which may include:
- Reporting personal details to the police, including address, employment, vehicle information, emails, and online accounts.
- Notifying police of any intended travel, including interstate and overseas
- Complying with reporting obligations for an extended period, which may range from eight years to lifetime registration, depending on the offence
Failure to comply with reporting obligations is itself a criminal offence and can result in further charges.
Are there other long-term consequences?
A conviction for sexual assault can affect many areas of a person’s life for years to come. These include employment prospects, particularly in roles involving children or vulnerable people; eligibility for certain licences and working with children checks; and restrictions on international travel, as many countries will deny entry to persons with serious criminal convictions.
Get advice from an experienced defence lawyer
The team at Kingston Fox has extensive experience representing clients through every stage of serious criminal proceedings. Speak with our team today for confidential advice on your situation.
