Will I Go To Jail For A First Offence?

One of the most common questions we get from people seeking assistance with their cases is ‘will I go to prison for this?’ The answer will, of course, depend on what offence you have committed. There are some offences for which you will almost certainly receive a full-time custodial sentence if you either enter a plea of guilty or are found to be guilty due to how serious they are regarded. There are some offences for which you very much could go to jail, or for which you may get lucky and manage to stay out of prison. There are also some offences for which you are extremely unlikely to go to jail if it is your first offence. Statistics show that in the year of 2017 in NSW, 10.6% of persons convicted of an offence were sentenced to a term of full-time custody.

A Sentence Of Full-Time Imprisonment

Section 5 of the Crimes (Sentencing Procedure) Act 1999 states that ‘a court must not sentence an offender to imprisonment unless it is satisfied, having considered all possible alternatives, that no penalty other than imprisonment is appropriate’. This is a reflection of the common law principle that imprisonment is a penalty of ‘last resort’ and should be inflicted on someone if the circumstances demand it. Section 5 requires the sentencing judge to ‘consider all possible alternatives’ to full-time imprisonment. The alternatives that the sentencing judge has to consider include a dismissal without a conviction, a Conditional Release Order (with or without a conviction), a conviction with no other penalty, a fine or a Community Correction Order. If none of these sentencing options are appropriate, then the judge must impose a sentence of full-time imprisonment.

However, there remains with the sentencing judge a power to order that the person serve their term of imprisonment within the community. This is called an Intensive Correction Order (ICO). If the sentencing judge decides that no sentence other than imprisonment is appropriate, and decides that the length of the sentence should be 2 years or less (for a single offence) or 3 years or less (for multiple offences), then if the sentencing judge considers it appropriate, the judge can choose to impose an ICO. An ICO will usually carry with it a number of conditions depending on the offender’s circumstances, such as directing the offender engage in rehabilitation services, completing community service work, and directing the offender to abstain from drugs and alcohol. If the offender breaches the conditions of the ICO, then there is a significant risk they will be sent to prison.

Serious Offences For Which You Will Go To Prison

Below is a list of offences for which you will almost certainly go to prison for, even if it is your first offence. This is not a complete list. There are many other offences for which a sentence of imprisonment is almost certain:

• Murder;
• Manslaughter;
• Sexual intercourse without consent;
• Sexual intercourse with a child under 10;
• Terrorism offences; and
• Supply or manufacture a large commercial quantity of a prohibited drug.

It is however, important to remember that every case is different. In certain circumstances where imprisonment may seem inevitable, there can be a real possibility that options other than imprisonment are appropriate because of the circumstances of the particular case. It is therefore imperative that you seek the right help to suit your situation.

Book A Free Consultation To Discuss Your Matter

At First Offence Legal, we have successfully kept numerous clients out of prison for serious offences, such as supplying prohibited drugs, robbery, high-range drink driving and fraud. If you have been charged with an offence and are worried about going to prison, please make sure you consult an experienced criminal defence solicitor at First Offence Legal. Remember, always make First Offence Legal your first defence.