Deferred Sentence

A court may defer passing sentence for a period of up to 12  months from the date of conviction to allow the offender to be assessed for rehabilitation, or to demonstrate that rehabilitation has taken place, or for any other purpose: s. 11 Crimes (Sentencing Procedure) Act, s. 33(1) (c2) Children (Criminal Proceedings) Act. This corresponds to what used to be referred to as a ‘Griffiths remand’: Griffiths (1977) 137 CLR 293.

The statutory ‘Griffiths remand’ is not restricted to cases where a non-custodial sentence is contemplated (which was the position at common law); it can be ordered in a case where a remand would be of assistance to the court in determining the non-parole period: Trindall (2002) 133 A Crim R 119, Williams [2004] NSWCCA 64. It should not be granted in a case where there are unresolved disputes of fact as to the objective seriousness of the offence: Palu (2002) 134 A Crim R 119 at para [38].

The Crown can appeal against a Griffiths type remand to the Court of Criminal Appeal: Trindall (2002) 133 A Crim R 119.

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