Sentencing Explained

An understanding of the legal system is fundamental to being an effective member of our community. Learning how the law works, its role in society, and how laws are made and changed, can be empowering for students.

In this episode, Peter talks with Council member, retired Legal Studies teacher, and self-confessed “law junkie”, Wayne Gleeson. They explore the important work of the Council, including its Council’s involvement in recent sentencing reforms for fire offences and assaults on emergency services workers. They also discuss the significant role Wayne played in developing the Legal Studies syllabus, and how students “grow” when they study this course.

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Police prosecutors work in the Local Court and the Children’s Court across NSW, prosecuting a broad range of offences. But police also have options to keep people out of the court system in some situations.

In this episode of Sentencing Explained, Peter is joined by Assistant Commissioner of the NSW Police State Intelligence Command, Scott Cook. They talk about a range of topics, including police powers in relation to juvenile offenders and the role of police prosecutors in criminal trials and sentencing. Hear why Assistant Commissioner Cook believes discretion is a crucial part of policing, and the importance of alternative pathways within the criminal justice system.

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Check out the episode study guide on our website: sentencingcouncil.nsw.gov.au/podcast

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Legal Aid NSW represents some of the most disadvantaged people in our society when they are charged with crimes. Funded by the government, Legal Aid plays an important role in access to justice for people who otherwise could not afford legal representation.

In this episode of Sentencing Explained, Peter delves into the role of Legal Aid in sentencing by speaking with its Director of Criminal Law, Robert Hoyles. Robert is responsible for Legal Aid’s criminal practice across NSW.

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Check out the episode study guide on our website: sentencingcouncil.nsw.gov.au/podcast

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Judge Donna Woodburne SC understands the importance of sentencing in the criminal justice process.  She has worked in the District Court for 11 years. It’s here where most serious criminal matters are dealt with, with some exceptions (including murder).

Sentencing can involve difficult decisions and, as Judge Woodburne says “every decision weighs very heavily.”

In this episode, Peter and Judge Woodburne discuss mitigating and aggravating factors that a judge must balance when determining a sentence. They also look at the law in relation to parole, and special circumstances that can impact a sentencing decision. Listen in to hear how Judge Woodburne arrives at a sentence.

Let us know what you think about the podcast in this quick survey:  surveymonkey.com/r/sentencing_explained 

Check out the episode study guide on our website: sentencingcouncil.nsw.gov.au/podcast

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What factors do judges consider important when determining a sentence? Does it matter if the offender shows remorse or not? Exactly how long do judges sit and think about a sentence before delivering it?

As we’ve learnt so far, sentencing is no easy task. It requires careful consideration and the decision weighs on everyone, including the judge. In this episode of Sentencing Explained, Peter speaks with Justices Christine Adamson and Robert Hulme to find out what it’s like to be a judge on the Supreme Court – one of the most senior positions in the NSW justice system.

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Check out the episode study guide on our website: sentencingcouncil.nsw.gov.au/podcast

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How can you represent people who have committed heinous crimes? This is a question often asked of Public Defenders like Belinda Rigg SC.

As a Public Defender, Belinda is a salaried barrister who works for people charged with serious criminal offences who have been granted legal aid. She defends some of the most vulnerable people in society. Unlike many other lawyers, Belinda didn’t spend any time as a solicitor. In fact, she was so motivated to get into the courtroom that, with the support of her mentors and colleagues, she went straight to the Bar. Listen in to find out why Belinda chooses to work in one of the most publicly scrutinised roles in criminal law.

Let us know what you think about the podcast in this quick survey:  surveymonkey.com/r/sentencing_explained 

Check out the episode study guide on our website: sentencingcouncil.nsw.gov.au/podcast

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Sally Dowling SC joined the bar 25 years ago and is the first woman to hold the position of NSW Director of Public Prosecutions.

Sally’s team is responsible for the prosecution of serious crimes in the District Court and Supreme Court.

Sally joins Peter in this week’s episode to discuss the demands of the role, the evolution of victims’ involvement in the sentencing process and the Crown’s capacity to appeal verdicts. They also look at some of the more special powers of the Crown, including its ability to take matters to the High Court. Listen in to learn more.

Let us know what you think about the podcast in this quick survey:  surveymonkey.com/r/sentencing_explained 

Check out the episode study guide on our website: sentencingcouncil.nsw.gov.au/podcast

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Sentencing is a complex process. It has to consider the circumstances of the offender, and it needs a sense of justice to be felt by the victim and the wider community. How do you strike that balance?
In this episode of Sentencing Explained, we talk with two former community members of the Sentencing Council, Howard Brown and Moira Magrath, about the challenges and benefits of being on the Council. They reflect on how their respective backgrounds in victims’ advocacy and corrective services helped shape their work with the Council. They also consider key issues in sentencing, such as the implications of mandatory sentencing and the need to avoid overregulation.

Let us know what you think about the podcast in this quick survey:  surveymonkey.com/r/sentencing_explained 

Check out the episode study guide on our website: sentencingcouncil.nsw.gov.au/podcast

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Welcome to the very first episode of Sentencing Explained!

Join podcast host and Chair of the Sentencing Council, Peter McClellan AM KC, for a discussion with former NSW Attorney General, Bob Debus. They revisit the tense political climate that led to major reforms in sentencing law and the Council’s establishment in 2003.

The public had an increasing interest in the sentencing process and a perception that the government and judges were soft on crime. Bob provides insight into how politicians were keen to shift this view. He unpacks how courts maintained judicial discretion while law-and-order politics – aka ‘the war on crime’ – was taking hold. Listen in to find out more.

Let us know what you think about the podcast in this quick survey:  surveymonkey.com/r/sentencing_explained 

Check out the episode study guide on our website: sentencingcouncil.nsw.gov.au/podcast

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Sentencing is a controversial topic. You often hear complaints that a sentence is too low, especially when the offender is guilty of a violent or sexual crime. This podcast 'Sentencing Explained' is brought to you by the New South Wales Sentencing Council. In this podcast series is we will talk with a number of judges of different New South Wales courts who will discuss the statutory framework for sentencing and how judges go about their tasks. We will also talk to prosecutors, defence counsel and discuss imprisonment and the parole system. We hope you will find the podcast interesting and informative.

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