Standard Non-Parole Period (SNPP)

A 'standard non-parole period' (SNPP) serves as a benchmark guiding judges in determining the duration an individual must spend in prison, known as the 'non-parole period,' before becoming eligible for parole release to continue the remainder of the sentence within the community. According to section 54A of the Crimes (Sentencing Procedure) Act 1999 (NSW), the SNPP represents the midpoint of the seriousness spectrum for an offence, based solely on objective elements influencing its severity. Section 54B emphasises that the court should consider the SNPP as one factor among others when deciding an appropriate sentence, and it must provide reasons if the non-parole period varies from the standard, specifying each factor considered. SNPPs play a significant role in sentencing, but they aren't the sole consideration. Objective and subjective elements related to the crime and the defendant contribute to determining whether the non-parole period deviates from the prescribed SNPP. It's important to note that not all offences have SNPPs. Division 1A of the Act contains a table listing offences subject to SNPPs and their corresponding lengths. The current list includes: Murder: When the victim is a certain public or community worker targeted due to their occupation or voluntary work: 25 years. When the victim is a child under 18 years old: 25 years. In other cases: 20 years. Conspiracy to Murder (Section 26 Crimes Act 1900): 10 years. Attempted Murder (Sections 27, 28, 29, or 30 Crimes Act 1900): 10 years. Wounding, etc., with Intent to Cause Bodily Harm or Resist Arrest (Section 33 Crimes Act 1900): 7 years. Discharging a Firearm with Intent to Cause Grievous Bodily Harm (Section 33A(1) Crimes Act 1900): 9 years. Discharging a Firearm with Intent to Resist Arrest or Detention (Section 33A(2) Crimes Act 1900): 9 years. Reckless Causing of Grievous Bodily Harm in Company (Section 35(1) Crimes Act 1900): 5 years. Reckless Causing of Grievous Bodily Harm (Section 35(2) Crimes Act 1900): 4 years. Reckless Wounding in Company (Section 35(3) Crimes Act 1900): 4 years. Reckless Wounding (Section 35(4) Crimes Act 1900): 3 years. Assault of Police Officer Occasioning Bodily Harm (Section 60(2) Crimes Act 1900): 3 years. Wounding or Inflicting Grievous Bodily Harm on a Police Officer (Section 60(3) Crimes Act 1900): 5 years. Sexual Assault (Section 61I Crimes Act 1900): 7 years. Aggravated Sexual Assault (Section 61J Crimes Act 1900): 10 years. Section 61JA of the Crimes Act 1900: - Aggravated sexual assault in company: 15 years. Section 61M(1) of the Crimes Act 1900: - Aggravated indecent assault: 5 years. Section 61M(2) of the Crimes Act 1900: - Aggravated indecent assault: 8 years. Section 66A of the Crimes Act 1900: - Sexual intercourse with a child under 10: 15 years. Section 66B of the Crimes Act 1900: - Attempt, or assault with intent, to have sexual intercourse with a child under 10 years: 10 years. Section 66C(1) of the Crimes Act 1900: - Sexual intercourse with a child aged 10–14 years: 7 years. Section 66C(2) of the Crimes Act 1900: - Aggravated sexual intercourse with a child aged 10–14 years: 9 years. Section 66C(4) of the Crimes Act 1900: - Aggravated sexual intercourse with a child aged 14–16 years: 5 years. Section 66EB(2) of the Crimes Act 1900: - Procure a child under 14 years for unlawful sexual activity: 6 years. Section 66EB(2) of the Crimes Act 1900: - Procure a child aged 14–16 years for unlawful sexual activity: 5 years. Section 66EB(2A) of the Crimes Act 1900: - Meet a child under 14 years following grooming: 6 years. Section 66EB(2A) of the Crimes Act 1900: - Meet a child aged 14–16 years following grooming: 5 years. Section 66EB(3) of the Crimes Act 1900: - Groom a child under 14 years for unlawful sexual activity: 5 years. Section 66EB(3) of the Crimes Act 1900: - Groom a child aged 14–16 years for unlawful sexual activity: 4 years. Section 91D(1) of the Crimes Act 1900: - Induce a child under 14 years to participate in child prostitution: 6 years. Section 91E(1) of the Crimes Act 1900: - Obtain benefit from child prostitution, child under 14 years: 6 years. Section 91G(1) of the Crimes Act 1900: - Use a child under 14 years for child abuse material purposes: 6 years. Section 93GA(1) of the Crimes Act 1900: - Firing a firearm at a dwelling-house or other building with reckless disregard for the safety of any person: 5 years. Section 93GA(1A) of the Crimes Act 1900: - Firing a firearm, during a public disorder, at a dwelling-house or other building with reckless disregard for the safety of any person: 6 years. Section 93GA(1B) of the Crimes Act 1900: - Firing a firearm, in the course of an organised criminal activity, at a dwelling-house or other building with reckless disregard for the safety of any person: 6 years. Section 98 of the Crimes Act 1900: - Robbery with arms etc and wounding: 7 years. Section 112(2) of the Crimes Act 1900: - Breaking etc into any house etc and committing a serious indictable offence in circumstances of aggravation: 5 years. Section 112(3) of the Crimes Act 1900: - Breaking etc into any house etc and committing a serious indictable offence in circumstances of special aggravation: 7 years. Section 154C(1) of the Crimes Act 1900: - Taking a motor vehicle or vessel with assault or with an occupant on board: 3 years. Section 154C(2) of the Crimes Act 1900: - Taking a motor vehicle or vessel with assault or with an occupant on board in circumstances of aggravation: 5 years. Section 154G of the Crimes Act 1900: - Organised car or boat rebirthing activities: 4 years. Section 203E of the Crimes Act 1900: - Bushfires: 5 years. Section 23(2) of the Drug Misuse and Trafficking Act 1985: Cultivation, supply, or possession of prohibited plants, involving at least the specified large commercial quantity for that prohibited plant under the Act: 10 years. Section 24(2) of the Drug Misuse and Trafficking Act 1985: Manufacture or production of a commercial quantity of a prohibited drug, excluding cannabis leaf, and involving less than the specified large commercial quantity for that prohibited drug under the Act: 10 years. Section 24(2) of the Drug Misuse and Trafficking Act 1985: Manufacture or production of a commercial quantity of a prohibited drug, excluding cannabis leaf, and involving at least the specified large commercial quantity for that prohibited drug under the Act: 15 years. Section 25(2) of the Drug Misuse and Trafficking Act 1985: Supplying a commercial quantity of a prohibited drug, excluding cannabis leaf, and involving less than the specified large commercial quantity for that prohibited drug under the Act: 10 years. Section 25(2) of the Drug Misuse and Trafficking Act 1985: - Supplying a commercial quantity of a prohibited drug, excluding cannabis leaf, and if the offence: (a) Does not relate to cannabis leaf, and (b) Involves at least the specified large commercial quantity for that prohibited drug under the Act: 15 years. Supplying a commercial quantity of a prohibited drug, in cases where the offence: - (a) Does not relate to cannabis leaf, and - (b) Involves at least the specified large commercial quantity for that prohibited drug under the Act: 15 years. Section 7 of the Firearms Act 1996: - Unauthorised possession or use of firearms: 4 years. Section 51(1A) or (2A) of the Firearms Act 1996: - Unauthorised sale of a prohibited firearm or pistol: 10 years. Section 51B of the Firearms Act 1996: - Unauthorised sale of firearms on an ongoing basis: 10 years. Section 51D(2) of the Firearms Act 1996: -Possession of over 3 firearms, including prohibited firearms or pistols without authorisation: 10 years. Section 7 of the Weapons Prohibition Act 1998: - Unlawful possession or usage of a prohibited weapon, when prosecuted through indictment: 5 years. For an initial consultation with an experienced criminal defence lawyer regarding your court appearance, please don't hesitate to contact us at (02) 9267 5555.