Sentencing Explained – Details, episodes & analysis

Parole is an important part of our criminal justice system. It provides offenders with a path to rehabilitation as they transition from the prison system back into the community. But how does parole work?

In this episode, Peter is joined by the Honourable James Wood AO KC. Mr Wood has had a long career in the law, including as the former Chair of the State Parole Authority. They discuss how parole decisions are made, what happens when an offender breaches a parole condition and whether parole actually does reduce re-offending.

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In this episode, we are joined by Magistrate Mark Douglass to talk about his experiences as an Aboriginal magistrate and his perspective on Aboriginal people and the criminal justice system.

Magistrate Douglass discusses how he overcame early life challenges to reach his current position. He shares his hope that the criminal justice system is changing, including through the expansion of culturally-specific processes and his work as Chair of the Local Court’s First Nations Committee.

Please note this episode contains content that some listeners may find distressing, including mentions of domestic violence, sexual assault and suicide. If you want to avoid this content, skip from 1:41 to 3:07 and from 22:35 to 23:36. If you need support, you can contact these services free of charge:

• Beyond Blue: call support services on 1300 22 4636 or visit www.beyondblue.org.au
• Lifeline: call the 24-hour crisis line on 13 11 14 or visit lifeline.org.au

• FullStop Australia: call 1800 424 017 or visit www.fullstop.org.au
• National Sexual Assault, Family and Domestic Violence Counselling Service: call 1800RESPECT or 1800 737 732,or visit www.1800respect.org.au

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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.

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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.

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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.

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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.

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

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