The Department of Communities and Justice’s (DCJ) NSW Sentencing Council has launched its independent review into sentencing for fraud and fraud-related offences.
Announced by Attorney General, Mark Speakman, the Council’s Review is to determine whether fraud-related NSW sentencing laws strike the right balance between upholding community safety, reducing crime and promoting offender rehabilitation.
Mr Speakman said that each year more than 15,000 fraud and fraud-related offences went through NSW courts and there were more than 100 separate offence types.
“Fraudsters often prey on some of the most vulnerable people in our community,” he said.
“We need to ensure sentences for fraud offences remain fit for purpose and continue to reflect community expectations.”
“That’s why I’ve asked the NSW Sentencing Council to conduct a wide-ranging Review into this important area of law.”
Mr Speakman said the Review would focus on offences which made up the vast majority of finalised charges, including those related to gaining financial advantage or causing financial disadvantage by deception and on obtaining property which belonged to someone else by deception.
The Attorney General said under the Review’s Terms of Reference, the Council would evaluate key sentencing principles and reasoning employed by judges; the mitigating subjective features of offenders; and any other significant factors considered in sentencing decisions that explained how courts came to their final decision on sentence.
“The Sentencing Council will conduct comprehensive public consultation during the Review before making any recommendations for reform that it considers appropriate,” he said.
In a statement, the Council said further information on its Review would be available shortly, when it published a background webpage.
