Limits to sentence discounts in NSW
Attorney General John Hatzistergos has foreshadowed legislation to respond to the Sentencing Council's 2009 report, Reduction in Penalties at Sentence. The object will be to ensure that offenders do not receive "excessive discounts". Mr Hatzistergos said any presumption that offenders would suffer "hardship" because of their assistance to authorities was largely unwarranted because of improvements to correctional facilities and procedures.
"Courts have traditionally presumed that offenders who "roll over" do it tougher on the inside, but the modern reality of our prison system dictates that this is not always the case", he said.
"The case law has now come down against a presumption of harsher circumstances due to protective custody and instead the accused is required to prove to the court that he will be facing more difficult conditions in custody", the attorney said.
**28 September 2010 **
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