What happens at a sentence hearing?

• You should obtain any information you want the magistrate to read before the sentence hearing. This includes:
  • character references from people who know you well such as your employer or teacher;
  • letters from your doctor if you have been suffering from any medical condition; and
  • letters from your employer explaining why you may need your vehicle for work purposes.
• For a repeat offender who may be facing imprisonment the court may order a pre-sentence report. This means someone from Community Corrections will interview you and advise the court whether you are suitable for a community based sentence.
• In deciding on sentence (penalty) the court will take into account:
  • the factual circumstances of the traffic offence;
  • your personal circumstances including any references or letters;
  • your criminal and driving history; and
  • any recommendations made in a pre-sentence report.
• The magistrate will announce the sentence and give reasons for their decision. In New South Wales the sentences available for all traffic offences include:
  • a fine;
  • loss or suspension of your driver’s licence;
  • impounding your vehicle ;
  • installation of an alcohol interlock device on your vehicle;
  • a good behaviour bond;
  • a community based order including unpaid community work;
  • home detention;
  • periodic detention;
  • a suspended term of imprisonment; and
  • an immediate term of imprisonment.