Topic > Legal Essay - 1012

The New South Wales criminal trial and sentencing process is adequate in balancing the rights of victims, offenders and society, however, like any legal system, it has its flaws. Options in trial and sentencing are set out in the Criminal Procedure Act 1986, the Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders) Act 2010 and the Crimes (sentencing procedure) Act 1999 which provides for the use of negotiation prosecution, rehabilitation, mitigating factors and intensive correctional orders. In criminal proceedings charge negotiation gives the offender the choice of pleading guilty or not guilty, which is encouraged by the NSW DPP and referred to in the Criminal Procedure Act 1986 - Section 99. Charge negotiation usually involves receiving exchange a lower charge for a higher charge be dropped or could reduce the sentence. In R v Perry [2011] the offender pleads guilty early in the case; that he had effectively shown his remorse, his acceptance of responsibility for the crime and had saved the courts time and costs associated with criminal trials; The victim, to whom Mr Gibson was referred after hearing the evidence and her plea, the victim had conveyed to the Crown that he believed Ms Perry's remorse was genuine and that he wished her to suffer no lifelong consequences for the accident. With spending on the administration of criminal courts of approximately $570 million in 2006-2007, with an increasing number of offenders pleading guilty at first instance, the annual cost of criminal proceedings is expected to decline slowly, with the result that the money will be used in other ways that would be more beneficial to the community. Having this option provides positive outcomes for all concerned; in most cases the offender is rewarded for not wasting the court's time, which can alter his sentence or