The maximum penalty for the offence of “recklessly wound in company”
According to the Judicial Commission of NSW, the actual penalties imposed for the offence are as follows:
Local Court:
Section 35(3) recklessly wound in company
- Prison: 61.9%
- Suspended Sentence (no longer available): 21.4%
- ICO: 16.7%
The average prison sentence for the offence is 17 months imprisonment, and the average non-parole period (or minimum prison term that must be served) is 9.5 months in prison.
District and Supreme Court:
Section 35(3) post-Muldrock
- Prison: 79.6%
- Suspended Sentence (no longer available): 10.7%
- ICO: 7.8%
- Section 9 Bond (now community correction order): 1.9%
The average prison sentence for the offence is 35 months imprisonment, and the average non-parole period (or minimum prison term that must be served) is 20 months in prison.
Section 35(3) pre-Muldrock
- Prison: 72.5%
- Suspended Sentence (no longer available): 17.6%
- Period Detention: 7.8%
- Community Service Order (now community correction order): 2%
The average prison sentence for the offence is 33.9 months imprisonment, and the average non-parole period (or minimum prison term that must be served) is 20 months in prison.
Section 35(3) accessory after fact to recklessly wound in company
- Prison: 50%
- Section 9 Bond (now community correction order): 50%
The average prison sentence for the offence is 24 months imprisonment, and the average non-parole period (or minimum prison term that must be served) is 0 months in prison.