NSW Sentencing Council

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​Alcohol and drug fuelled violence

The Attorney General asked the Sentencing Council to consider a number of proposals from the Thomas Kelly Foundation to make amendments to the Crimes (Sentencing Procedure) Act 1999 aimed at deterring alcohol and drug fuelled violence. The Attorney also asked the Council to undertake a general examination of possible sentencing measures to achieve deterrence and behaviour change in relation to alcohol and drug fuelled violence, including measures taken by other jurisdictions, the success of such measures and their possible suitability for NSW.

Report

The Sentencing Council was asked to provide a report by 31 August 2015. The report was provided on 26 August 2015: Alcohol and drug fuelled violence - Final Report [PDF, 371KB]

Submissions

The call for submissions closed on 24 April 2015. Visit the submissions page to view the submissions.​​

Consultation paper

The Council also ​prepared a short consultation paper providing some background to the matters to be considered in the reference.

​Terms of reference

The Sentencing Council is to prepare a report on alcohol and drug fuelled violence that addresses the following:

  1. Whether a mandatory aggravating factor should be introduced to s 21A of the Crimes (Sentencing Procedure) Act 1999 that applies where the offence involved violence because the offender was taking, inhaling or being affected by a narcotic drug, alcohol or any other intoxicating substance.
  2. Whether the concept of "conditional liberty" in s 21A(2)(j) of the Crimes (Sentencing Procedure) Act 1999 should be defined.
  3. Whether the concept of "vulnerability" in s 21A(2)(1) of the Crimes (Sentencing Procedure) Act 1999 should be expanded to include the victim being unable or unlikely to defend themselves because of youth, age, sex, disability, physical constraints, inability to escape, lack of knowledge of attack, abused trust or emotional impediment as well as because of the victim's occupational vulnerability (such as a taxi driver, a bus driver, a public transport worker, a bank teller, a service station attendant or a cashier) or because of the victim being homeless.
  4. Any other sentencing measures to deter and change behaviour in relation to alcohol and drug fuelled violence, including measures taken by other jurisdictions, the success of such measures and their possible suitability for NSW.