The maximum penalty for the offence of “public mischief” is 1 year in prison.
According to the Judicial Commission of NSW, the actual penalties imposed for the offence are as follows:
- Community Correction Order: 39.7%
- Fine Only: 25.5%
- Conditional Release Order without Conviction: 10.9%
- Intensive Correction Order: 8.2%
- Conditional Release Order with Conviction: 6.5%
- Prison: 6%
- Section 10(1)(a) Dismissal: 2.2%
- Section 10A No Other Penalty: 1.1%
The average prison sentence for the offence is 7 months imprisonment, and the average non-parole period (or minimum prison term that must be served) is 3 months in prison.