Sentencing

Contributed by RennieAnderson, as amended by EmmaHenke and current to September 2025

The laws governing sentencing determine how the community deals with a person once they have been found guilty of an offence. These laws apply in both the Local Court and the Supreme Court.In the NT, the law relating to sentencing and the enforcement of most sentences is, for adult offenders, contained primarily in the Sentencing Act 1995 NT ("SA Act"). Each criminal offence carries a maximum penalty. When deciding what penalty to impose, a judge can't exceed the maximum penalty.

Laws governing the sentencing of youth are contained in the Youth Justice Act. This section is concerned only with the sentencing of adults. Information about the sentencing of youth can be found in Young people and crime.

Throughout this chapter, reference is made to a lawyer making certain submissions. If the person before the Court is self-represented, they will make these submissions personally.

Purposes of sentencing

A judge is only permitted to sentence an offender for one or more of the following purposes [Sentencing Act 1995 NT ("SA Act") s 5(1)]:

• to punish the offender[SA Act s 5(1)(a)],
• to help the offender be rehabilitated [SA Act s (1)(b)],
• to discourage the offender from committing the same or a similar offence [SA Act s 5(1)(c)],
• to discourage other people from committing the same or a similar offence [SA Act s 5(1)(c)],
• to make it clear that the community, acting through the court, does not approve of offending [SA Act s 5(1)(d)], or
• to protect the Territory community from the offending [SA Act s 5(1)(e)].

Factors the judge considers when sentencing

When sentencing a person, the judges is required to consider the following factors [Sentencing Act 1995 NT ("SA Act") s 5(2)]. Unlike the purposes of sentencing, the judge is not limited to these factors, they can also consider any other circumstance that they consider relevant [SA Act s 5(2)(s)]:

• the maximum and any minimum penalty of the offence [SA Act s 5(2)(a)],
• the nature and seriousness of the offence and whether the victim suffered any physical, psychological or emotional harm [SA Act s 5(2)(b)],
• if the offence was a sexual offence, whether the victim contracted an STI and whether the offender knew they had an STI [SA Act s 5(2)(ba)],
• the extent to which the offender is to blame for the offence [SA Act s 5(2)(c)],
• any damage, injury or loss caused by the offender [SA Act s 5(2)(d)],
• any harm done to a community as a result of the offence (directly or indirectly) [SA Act s 5(2)(da)],
• the offender's character, age and intellectual capacity [SA Act s 5(2)(e)],
• any aggravating or mitigation factors relating to the offence [SA Act s 5(2)(f)],
• the prevalence of the offence [SA Act s 5(2)(g)],
• how much assistance the offender gave to the investigating police [SA Act s 5(2)(h)],
• how the offender acted during the proceedings, including whether they complied with pre-hearing procedures [SA Act s 5(2)(h)(a), Local Court (Criminal Procedure) Act 1928 (‘LCCPA’) Part IV, Div 2A],
• whether the offender pleaded guilty, and if so, at which stage in the proceedings was a guilty plea indicated [SA Act s 5(2)(j)],
• time spent in custody before being sentenced, including any time the offender resided at a specific place and wore an electronic monitoring device in compliance with their bail conditions. ([SA Act s 5(2)(k), Bail Act NT (‘BA’) ss 27A(iaa), (iab), (ia)],
• sentences served by the offender in another state or territory for offending that happened at or about the same time as the offending the offender is being sentenced for [SA Act s 5(2)(m)],
• sentences already imposed on the offender that have not been served [SA Act s 5(2)(n)],
• sentences that the offender is liable to serve because of the revocation of orders, such as breach of suspended sentence [SA Act s 5(2)(p)],
• if the offender is sentenced to a CCO or ICCO, the offender’s compliance with the order [[SA Act s 5(2)(q)], and
• any other factor the SA Act requires the Court to consider [SA Act s 5(2)(r)].

When determining an offender's character for the purpose of sentencing, a judge can take into account a number of factors including [SA Act s 6]:

• the number, date, seriousness and relevance of any previous convictions [SA Act s 6(a)],
• the general reputation of the offender [SA Act s 6(b)], and
• any significant contributions the offender has made to the community by the offender [SA Act s 6(c)].

Sentencing process

Presenting the facts

The way the sentencing process begins depends on whether a person has pleaded guilty or not guilty to an offence.

Where a person has entered a plea of not guilty, but the judge in the Local Court or the jury in the Supreme Court, after hearing all the evidence, finds the person guilty, the judge decides what penalty to be imposed. The judge who presided over a hearing or trial does not need the facts to be read, because the 'facts' of the case were presented during the hearing or trial. Sometimes, the judge will outline the factual basis on which they are sentencing the defendant prior to passing sentence.

Where a person admits to committing an offence and enters a plea of guilty, a trial or hearing is not necessary. To obtain the information needed to set an appropriate sentence, the judge calls on the prosecutor to outline the facts. The person, through their lawyer, must the indicate that the facts are admitted.

Before these facts are read in court or given in evidence, it is crucial the person’s lawyer has taken them through the facts carefully and the person understands that by pleading guilty they are not just admitting the charge but are also agreeing that the facts are accurate.

A person can indicate to the court that they wish to plead guilty to the offence, but they do not agree with the facts. If the dispute about the facts is not trivial or irrelevant, the court will order a hearing on the facts. This is referred to as a disputed facts hearing.

Tendering the criminal history

The prosecutor then tenders a document listing any prior findings of guilty recorded against the person. This is referred to as an Information for Courts or a criminal history. The prosecutor will often also tender the persons criminal history from other states and territories, if this exists.

The person, through their lawyer, must indicate the criminal history is admitted.

Before the criminal history is tendered, it is crucial the person’s lawyer has taken them through the criminal history to confirm it is an accurate document as mistakes do sometimes occur.

Sentencing submissions

Once the court has heard the 'facts' of the case, either throughout the trial or from the prosecutor after a guilty plea, the judge asks the lawyer of the person being sentenced to present any facts to mitigate (lessen) the offence. This is usually referred to as a plea in mitigation.

The judge calls on the offender’s lawyer to present any facts in mitigation (lessening) of penalty. The offender's lawyer can, with the prosecutor's consent, hand the judge written references or other support documents providing evidence of the defendant's character, circumstances or remorse. Such witnesses and those who provide written references are termed referees. The offender's lawyer may also, with the prosecutor’s consent, hand the judge any relevant reports from experts, such as medical or psychiatric reports. The offender's lawyer may also call the offender to give evidence in the witness box. In the witness box, the offender can explain why they committed the offence and put forward any mitigating circumstances.

Finally, the offender’s lawyer will address the judge on why a severe penalty should not be imposed, and put forward the penalty they believe most appropriate. The prosecutor will also address the judge on sentencing principles and what the prosecution deems is the most appropriate penalty. The lawyers will submit to the judge what type of penalty is most appropriate for the Court to impose. It is inappropriate for lawyer to submit to the judge how many days, weeks, months or years the sentence should be [Barbaro v The Queen [2014] HCA 2; (2014) 253 CLR 58].

Pre-sentence reports

Community Corrections, may be asked to prepare a supervision assessment or pre-sentence report for the court. A supervision assessment explains to the judge whether Community Corrections deem the defendant to be a person that is suitable for their supervision on a supervised order (such as a community corrections order, intensive community corrections order or a suspended sentence). A pre-sentence report provides information about the offender's background. It is requested by the court to find out why the offender committed the crime or, in some cases, to help determine an appropriate sentence. If a supervision assessment is ordered, the matter is usually adjourned for at least three days. If a pre-sentence report has been ordered, the case is usually adjourned for four to six weeks to allow it to be prepared. Sometimes, a pre-sentence report will include the order of a psychological or psychiatric assessment. In these circumstances, production of the report takes longer. Similarly, Community Corrections may be asked to prepare a home detention report, and/or a community service work report as the case may demand.

The court also hears from the victim, either through a victim impact statement or a victim report (see Victim impact statements and victim reports , below.

The judge will then pronounce sentence.

Victim impact statements and victim reports

The prosecution is required to present a victim impact statement to the court during sentencing [SA Act s 106B(1)]. A victim impact statement is an oral or written statement detailing the harm the victim sustained as a result of the crime [SA Act s 106A]. Harm includes physical injury, psychological/emotional suffering, contraction of an STI, pregnancy or economic loss [SA Act s 106A]. A statement can be given verbally or in writing [SA Act s 106A]. A written victim impact statement must be signed [SA Act s 106B(7)]. If the victim, because of age, physical or mental disability, cannot consent to a victim impact statement, the report can be prepared by a person who the courts deems to have a sufficiently close relationship with the victim [SA Act s 106B(1)(b)]. With the leave of the court, a person other that the prosecutor may present a victim impact statement [SA Act s 106B(3)].

The police or the Witness Assistance Service located at the Office of the Director of Public Prosecutions (see Contact points ) can help a victim prepare their statement.

A victim report is a oral or written statement prepared by the prosecutor containing details of the harm suffered by a victim of an offence [SA Act s 106A]. If there are readily ascertainable details of the harm suffered by the victim that are not already before the court, the prosecutor must present the court with a victim report in circumstances where:

• the victim does not consent to a victim impact statement but does not object to a victim report after being informed of its contents [SA Act s 106B(2)(a)],
• the victim, because of age, physical or mental disability, cannot consent to a victim impact statement, and a person the who the courts deems to have a sufficiently close relationship with the victim does not object to a victim report after being informed of its contents [SA Act s 106B(2)(b)], or
• the victim cannot be located [SA Act s 106B(2)(c)].

The court must consider each victim impact statement or report prior to determining sentence [SA Act s 106B(4)]. The court must not draw an inference from the fact a victim impact statement or victim report is not presented to the court. [SA Act s 106B(6)]. The court must not take into account the victim impact statement or report unless the offender has been provided a copy (or a summary of contents for an oral report) [SA Act s 106B(8)]. A victim cannot be cross-examined on the contents of the victim’s report [SA Act s 106B(9)].

The Court cannot take into account any matters in the victim impact statement which were not agreed or proved for the purpose of the sentencing proceeding [Turner v The King [2023] NTCCA 1]. This means if there is a difference between the version in the facts and the version in the victim impact statement, the facts are to be favoured.

'Double jeopardy'

A person who performs one action can in fact commit more than one offence. For example, a drunk driver commits at least two offences: driving under the influence and exceed 0.05. However, under the legal principle of double jeopardy a drink-driver can only be penalised for one of these offences. Police may charge them with both offences, but the driver can only be convicted of one. When the case reaches court, the police only pursue the charge they believe will most likely result in a conviction.

Sometimes, one incident results in a series of connected offences. For example, a person who breaks into a house to commit rape has committed at least two offences: unlawful entry and sexual assault. In such a case, where an offender is convicted of separate but connected offences, several convictions are recorded and a sentence determined for each offence. Prison term sentences are generally served concurrently or partly concurrently (at the same time) where the offences occur as part of the same set of events.

Types of penalties

Conviction or non-conviction

A conviction for an offence often has serious consequences. For example, a conviction for a dishonesty or drug offence can carry a lasting stigma (see The effects of criminal convictions).

The courts have, however, in certain circumstances, the power to find the charge proved but pass a sentence without recording a conviction for that offence.

In deciding whether or not to record a conviction, a court must have regard to:

• the character, antecedents, age, health or mental condition of the offender [SA Act s 8(a)],
• the extent, if any, to which the offence is of a trivial nature [SA Act s 8(b)], and
• the extent, if any, to which the offence was committed under extenuating circumstances [SA Act s 8(c)].

Unconditional dismissal

A court which finds a person guilty of an offence may, without recording a conviction, dismiss the charge [SA Act s 10].

Unconditional discharge

A court may discharge a person whom it has convicted of an offence [SA Act s 12].

Fines

If a person is found guilty of an offence, the court may fine the offender [SA Act s 16].

The Act where the offence is found will usually indicate the maximum amount of penalty units a person can be fined to pay for an offence.

Under the SA Act, a court can impose the maximum fine allowed under the Act that created the offence committed or, where no amount is specified, a maximum of 20 penalty units [SA Act s 16(2)].

A penalty unit is $189. This value increases annually on July 1st, based on the Consumer Price Index for Darwin.

Amongst other factors, a court will, when calculating the amount of a fine, take into account the financial circumstances of the offender, but is not prevented from imposing a fine simply because the offender's financial circumstances are unknown or they do not have enough money to pay.

The Fines and Penalties (Recovery) Act 2001 (‘FPRA Act’) sets out how a fine imposed by a court is to be administered and recovered. The FPRA Act also establishes a Fines Recovery Unit (‘FRU’) to administer the recovery of fines and penalties.

The FRU administers most fines imposed by a court, as well as infringement notices issued by police or other approved agencies including:

• traffic infringement notices,
• bail forfeitures,
• sureties,
• court fines,
• restitution, and
• parking fines.

Courts can only allow 28 days for payment of fines [FPRA Act s 23]. A person who can't pay a fine within 28 days should contact the FRU and enter into a "time to pay agreement" (‘TTP agreement’). A TPP agreement allows a person to either extend the time to pay the whole fine or pay the fine in instalments. Payments can be made by cash, credit, cheque, direct debit, telephone or post. The FRU also has a direct debit payment arrangement with Centrelink, which allows deductions to be made directly from benefit payments.

If a fine is not paid within 28 days or the TTP Agreement has not been complied with, the Fines Recovery Unit (‘FRU’) issues a fine enforcement order which provides an offender with a further 28 days to pay the fine and any enforcement costs. If the fine remains unpaid, the FRU may take the following types of enforcement action:

• suspend the offender's drivers licence [Fines and Penalties (Recovery) Act 2001 (‘FPRA’) s 60],
• suspend the offender's vehicle registration [FPRA Act s 61],
• immobilise the offender’s vehicle [FPRA Act s 66C],
• publish the name of the fine defaulter [FPRA Act s 66M],
• property seizure orders [FPRA Act s 70],
• garnishee wages, debts or salary [FPRA Act s 72],
• register charge on property [FPRA Act s 72],
• community work orders [FPRA Act s 77], or
• issue a warrant for breach of a community work order (last resort) [FPRA Act s 86].

The FRU, which is a registry of the Local Court, has the power to do all these things without going through the court.

A person is likely to have their driver's licence or registration suspended first. A suspension remains until all outstanding money is paid in full. Where a person does not hold a driver's licence or have vehicle registration, the FRU will ask the MVR to stop doing business with the person. For example, a person won't be able to apply for a driver's licence until all fines are paid. If the fine is still unpaid after three months, the FRU then considers civil action, such as garnisheeing wages and seizing property.

The FRU may also order a person to perform community work to pay off fines. The current rate for community work orders is 0.25 penalty units per hour [Fines and Penalties (Recovery) Regulations 2001 (‘FPRP’) s 14]. If a community work order is revoked, the FRU can issue a warrant to have the person imprisoned. The current default rate for time spent in prison is 2 penalty units per day [FPRP s 15].

An offender can also be sentenced to imprisonment for defaulting on a fine [Sentencing Act 1995 NT ("SA Act")s 61].

Community corrections orders

The court may sentence a person to a community correction order (‘CCO’) [Sentencing Act 1995 NT ("SA Act")s 31]. A person sentenced to a CCO must comply with the conditions of the order for the duration of the order that the court nominates or proceedings will commence for breach of community corrections order [SA Act s 39A]. The statutory conditions that all community corrections order must include are to, for the period the order is in force:

• not commit an offence punishable on conviction by imprisonment [SA Act s 33(a)], and
• be of good behaviour [SA Act s 33(b)].

The Court may also include the following conditions on a community correction order:

• require the offender to participate in an approved project approved by a probation and parole office [SA Act s 34(1)(a)],
• require the offender to satisfactorily complete a rehabilitation program in relation to domestic and family violence [SA Act s 34(1)(b)],
• any other condition prescribed by regulation [SA Act s 34(1)(c)], or
• any condition the court considers appropriate [SA Act s 34(1)(d)].

The conditions prescribed by the Sentencing Regulations 1996 (‘SR’) are:

• to be under the supervising of a probation and parole office and report within 2 business days [SR s 5(1)(a)(i)(ii)],
• a curfew [SR s 5(1)(b)],
• to wear an electronic monitoring device [SR s 5(1)(c)],
• to allow the installation and removal of an electronic monitoring device [SR s 5(1)(d)],
• to participate in a program directed by Community Corrections [SR s 5(1)(e)],
• to participate in a program, course or service the court considers appropriate [SR s 5(1)(f)],
• not to consume or purchase alcohol or drugs [SR s 5(1)(g)],
• to submit to breath, blood or urine testing at the request of a probation and parole officer [SR s 5(1)(h)],
• not be in company with certain persons [SR ss 5(1)(i)(i)],
• not communicate with certain persons [SR ss 5(1)(i)(ii)], and
• not attend certain place [SR s 5(1)(j)]. A community corrections order commences the day it is made [SA Act s 32(1)] and the period a community correction order is in force must not exceed two years [SA Act s 32(2)].

The court must not make a community correction order that includes a condition for Community Corrections to supervise the offender without first receiving a written or oral pre-sentence report from Community Corrections [SA Act s 35]. Similarly, the court must not make a community correction order that includes a condition for the offender to participate in an approved work project unless they are satisfied the offender is a suitable person to participate in the project and the project is approved and can be provided [SA Act S 34(1)(a)].

These orders can be imposed with or without conviction [SA Act s 7(f)] and in combination with a fine [SA Act s 7(fa)].

A home detention order cannot be imposed as a condition of a CCO [s 34(4)].

Intensive community corrections orders

An intensive community corrections order (‘ICCO’) is a term of imprisonment in the community [Sentencing Act 1995 NT ("SA Act") s 44]. The court must have regard to a pre-sentence report (under s 103 or s 105), either in writing or orally, in relation the offender before sentencing them to an ICCO [SA Act ss 45(2)(3)].

An ICCO must include the following statutory conditions:

• the offender must not, while the order is in force, commit an offence punishable by imprisonment [SA Act s 47(1)(a)],
• the offender must be of good behaviour for the period the order is in force [SA Act s 47(1)(b)].
• the offender must be under the supervision of a probation and parole officer, report to them within two days and follow their rules [SA Act ss 47(1)(c)(i)(ii)(iii)],
• if Community Corrections deems it appropriate:
  • a residence condition [SA Act ss 47(1)(d)(i)],
  • an electronic monitoring condition [SA Act ss 47(1)(d)(ii)], and/or
  • a condition to allow the installation and removal of an electronic monitoring device [ SA Act ss 47(1)(d)(iii)].

Further, the court may also impose the following conditions on an ICCO:

• a home detention condition [SA Act ss 48(1)(a), 48(1A), 48A],
• participation in an approved work project [SA Act ss 48(1)(b), 48B],
• satisfactory completion of a rehabilitation program in relation to domestic and family violence [SA Act s 48(1)(c)]
• any orher condition prescribed by regulation [SA Act s 48(1)(c)], and/or
• any other condition the court consider appropriate [SA Act s 48(1)(c)]

The Court must not fix a non-parole period on an ICCO [SA Act s 45(4)]. An ICCO commences the day it is made, it cannot be backdated [SA Act s 45(5)]. The court can consider any period of time the offender was remanded in custody in determining the period of an ICCO [SA Act s 46(4)]. An ICCO must not exceed 2 years [SA Act s 46(3)].

If the court is satisfied a person has breached their ICCO and the order is still in force, the court may confirm the order, revoke the order and deal with the offender afresh, sentence the offender to imprisonment for the unexpired term of the order at the date of the breach or confirm the discharge of the order and take no further action [SA Act s 48G(1)(a)]. Thus, an ICCO is different from a suspended sentence in that each day in the community prior to a breach is a day of the sentence served. If the order is not in force when the person is dealt with for the breach, the court may either deal with the person afresh or confirm the discharge of the order and take no further action [SA Act s 48G(1)(b)]. In determining what action to take on the breach, the court can consider the offender’s compliance prior to the breach [SA Act s 48(G)(2)]. If a person is sentence to serve the unexpired term, the term will commence immediately and be concurrent with any other term of imprisonment unless the court orders otherwise (SA Act s 48(G)(4).

The conditions prescribed by the Sentencing Regulations 1996 (‘SR’) are:

• to be under the supervising of a probation and parole office and report within 2 business days [SR ss 5(1)(a)(i)(ii)],
• a curfew [SR s 5(1)(b)],
• to wear an electronic monitoring device [SR s 5(1)(c)],
• to allow the installation and removal of an electronic monitoring device [SR s 5(1)(d)],
• to participate in a program directed by Community Corrections [SR s 5(1)(e)],
• to participate in a program, course or service the court considers appropriate [SR s 5(1)(f)],
• not to consume or purchase alcohol or drugs [SR s 5(1)(g)],
• to submit to breath, blood or urine testing at the request of a probation and parole officer [SR s 5(1)(h)],
• not be in company with certain persons [SR ss 5(1)(i)(i)],
• not communicate with certain persons [SR ss 5(1)(i)(ii)], and/or
• not attend certain place [SR s 5(1)(j)].

Imprisonment

Each offence provision ordinarily states the maximum term of imprisonment to which a person can be sentenced for that offence. Such maximums are generally reserved for the worst type of conduct that could constitute the offence. The court can and usually does impose a lesser sentence. In the Local Court a judge can only impose a term of up to five years imprisonment for any one conviction, even where the maximum penalty for the offence is longer [Sentencing Act 1995 NT ("SA Act") s 122].

If the offender has already spent time in custody or is in custody at the time of sentence, the court can backdate a sentence to take into account the time the offender has already spent in custody in relation to the offending [SA Act s 63(5)]. The Local Court may not impose an aggregate sentence that exceeds five years [SA Act s 63(8)].

Where an offender is sentenced to more than one term of imprisonment, the sentences are presumed to be served concurrently unless the court otherwise orders [SA Act s 50]. The court does have the power to order sentences are served cumulatively [SA Act s 51]. The Court may also impose one aggregate term of imprisonment in respect of two or more offences so long as none of the offences are a sexual offence [SA Act ss 52(1)(2)].

Suspended sentence of imprisonment

A court which sentences an offender to a term of imprisonment of not more than 5 years may make an order suspending the sentence where it is satisfied that it is desirable to do so in the circumstances [SA Act s 40(1)]. A sentence may be suspended in whole or in part [SA Act s 40(2)].

After ordering the sentence be suspended, the judge must then specify a period of up to five years during which the offender is not to commit another offence punishable by imprisonment[SA Act s 40(6)]. If the offender is found guilty of another offence during the period specified, the court must, unless it would be unjust to do so, sentence the offender to serve both the original suspended term of imprisonment plus the latest term imposed [SA Act s 43(7)].

A suspended sentence can also have conditions attached to it [SA Act s 40(2)]. If an offender breaches a condition they can be arrested and brought to court. A court can order that all or part of the suspended sentence be served, can extend the operational period of the sentence, or can make no order other than to find the suspended sentence has been breached [SA Act s 43(5)].

Setting a non-parole period

A non-parole period is the minimum period of time an offender whose sentence is not suspended is required to serve in custody. The non-parole period is the period the offender has to serve in custody before they can apply to the parole board for release on parole. The NT Parole Board decides whether a prisoner is to be released on parole (see Prisoners ).

Where a person is sentenced to 12 months imprisonment or more, and the sentence is not suspended in whole or in part, a non-parole period must be fixed by the court unless the court does not think it is warranted, given the nature of the offence or the prior convictions of the offender [SA Act s 53(1)].

Subject to the exceptions below, the non parole period should be 50% of the total sentence of imprisonment [SA Act s 53AA(2)]. If the court fixes a non-parole period of less or more, the court must give reasons for doing so.

Non-parole period for murder

The minimum non-parole period for the offence of murder is 20 years (SA Act s 53(1)(a), unless any of the following circumstances exist in which case the minimum non-parole period is 25 years [SA Act s 53(1)(b)]:

• the victim was a police officer, emergency services worker, correctional services worker, judicial officer, health professional, teacher, community worker or other public role and the person’s death was connected with their occupation [SA Act s 53A(3)(a)],
• the course of conduct that caused the victim’s death included conduct either before or after the victim’s death that constituted a sexual offence [SA Act s 53A(3)(b)],
• the victim as under 18 at the time of their death [SA Act s 53A(3)(c)],
• the offender is being sentenced for 2 or more convictions of unlawful homicide [SA Act s 53A(3)(d)],
• the offender is being sentenced for one conviction for murder and one or more other unlawful homicides are being taken into account [SA Act s 53A(3)(e)], and/or
• the offender had a prior conviction for unlawful homicide [SA Act s 53A(3)(f)].

The sentencing judge may refuse to fix a non-parole period for the offence of murder [SA Act s 53A(5)]. The sentencing judge may fix a non-parole period that is shorter than the standard non-parole period of 20 years if satisfied there are exceptional circumstances [SA Act ss 53(6)(7)(8)].

Unlawful homicide means the offence of murder or manslaughter [SA Act ss 53(12)].

Non-parole periods for sexual offences (where the offending is perpetrated on an adult)

If an offender is being sentenced for the offence of sexual intercourse without consent to a sentence for 12 months or longer that is not suspended, the court should fix a period of not less than 70% unless the court considers the fixing of a non-parole period inappropriate [SA Act s 55(1)(2)].

Non-parole periods for offences against persons under 16

If an offender is being sentenced for one of the following offences and they were an adult when the offence was committed, the offence was committed on a person who was under the age of 16 and the sentence is not suspended, the court should fix a period of not less than 70% unless the court considers the fixing of a non-parole period inappropriate [Sentencing Act 1995 NT ("SA Act")s 55(1)(2)]:

Criminal Code Act 1983 NT ("CC Act") as in force:

• s 177(a): intends to cause serious harm, does cause serious harm or harm
• s 181: serious harm
• s 184: endangering life of child by exposure
• s 186: harm
• a 186B: female genital mutilation
• s 188: assault
• s 208H: sexual intercourse without consent
• s 208HA: compelling sexual intercourse or penetration without consent
• s 208HB: gross indecency without consent
• s 208JA: causing sexual intercourse or penetration – child under 16 years
• s 208JB: gross indecency – child under 16 years
• s 208JC: indecent touching or act – child under 16 years
• s 208JD: causing indecent touching or act – child under 16 years
• s 208JE: exposure to indecent thing or act – child under 16 years
• s 208JF: recording or capturing indecent image – child under 16 years
• s 208JG: engaging in conduct to procure sexual activity – child under 16 years
• s 208JH: grooming to engage in sexual activity – child under 16 years
• s 208JI: repeated sexual abuse – child under 16 years
• s 208LB: sexual intercourse – person with cognitive impairment.
• s 208LC: causing sexual intercourse or penetration – person with cognitive impairment
• s 208LD: gross indecency – person with cognitive impairment
• s 208MA: Incest

Criminal Code Act 1983 NT as in force before the commencement of Part 2 of the Criminal Justice Legislation Amendment (Sexual Offences) Act 2023:

• s 127: sexual intercourse or gross indecency with child under 16
• s 130: sexual intercourse by provider of services to mentally ill or handicapped person.
• s 131: attempt to procure child under 16
• s 131A: aexual relationship with child
• s 132: indecent dealing with child under 16 years
• s 134: incest
• s 138: bestiality
• s 188: assault
• s 192(4): gross indecency without consent

Restitution orders

A court has the power to order an offender to make restitution to compensate a person who sustains injury or loss as a result of the offender's actions [SA Act s 88], and in particular to:

• compensate for injury suffered by any person as a result of the offence [SA Act s 88(a)] (it is rare for judges to award compensation for injury. This is normally done by the victim seeking compensation under the Crimes (Victims Assistance) Act),
• return any property relating to the offence [SA Act s 88(b)],
• compensate for damage, loss or destruction to property that occurred as a result of the offence [SA Act s 88(c)].

The court order may stipulate whether the amount is to be paid as compensation or restitution (which doesn't amount to any practical difference), and can specify the person who it is to be paid to, the time period it must be paid within, and the way payment is to be made [SA Act s 92]. An offender can apply to the FRU or the court for an extension of time to pay [SA Act s 94].

The court may also impose a penalty of up to 12 months imprisonment to take effect if the compensation or restitution is not made within the time allowed [SA Act s 93].

Victim's Assistance Levy

In addition to any other penalty, who is found guilty of an offence but not sentenced to imprisonment is is liable to pay a victim's assistance levy for each offence [Crimes (Victims Assistance) Act s 61]. The victim’s levy is 200 revenue units for an offence following prosecution on indictment and 150 revenue units for any other offence. As at 1 July 2025, the value of one revenue unit is $1.45. Arrangements and penalties regarding payment of the victim's assistance levy are the same as for payment of fines (see Fines).

Community Court

“Community Court” is a sentencing option available on application for Aboriginal offenders who have pleaded guilty to offending in the Local Court [Sentencing Act 1995 NT ("SA Act") s 107D(1)]. The process allows local Aboriginal leaders to sit beside and advise judges. Community Court takes place at certain communities in the Northern Territory. At present, community court is available in Groote Eylandt, Kintore, Maningrida and Ramingining.

In determining whether to grant or refuse a person’s application for community court [SA Act S 107D(3)], the court considers the person’s connection to the place and any other matters the court considers relevant [SA Act S 107D(4)].

If granted, the court must have regard to an Aboriginal experience report (‘AER’) and any responses given to any questions asked of the approved members of the Law and Justice Group [SA Act ss 107E (2)(a)(b)] before imposing a sentence. After receiving an AER, the court may ask questions of the approved members of the Law and Justice group or allow another person to do so [SA Act ss 107E(4)].

An Aboriginal experience report is a report that is prepared by approved members of a Law and Justice Group in respect of an offender and the offence [SA Act S 107B(1)]. It may contain information regarding:

• the personal circumstances and background of the offender and the offender's family [SA Act s 107B(2)(a)],
• the family relationships of the offender [SA Act s 107B(2)(b)],
• the employment status of the offender [SA Act s 107B(2)(c)],
• the offender's health [SA Act s 107B(2)(d)],
• the victim of the offence [SA Act s 107B(2)(e)],
• the impact of the offending on the offender's community [SA Act s 107B(2)(f)],
• the relationship between the offender and the offender's community, including cultural connection [SA Act s 107B(2)(g)],
• the steps the offender has taken towards rehabilitation or restoration [SA Act s 107B(2)(h)], and
• general information or research about criminogenic factors [SA Act s 107B(2)(i)].

A Law and Justice Group comprises of senior Aboriginal people who are members of the community at which the court is sitting.

Practice Direction 5I (available of the Local Court website) applies to Community Court sentencing procedure. Community Court operates differently to the Local Court. In supporting community ownership, Community Courts are invited to name the Community court, display any art or artefacts, identify adaptions to the court process or environment to ensure it is culturally safe and relevant and identify a location in the community for Community Court to be convened.

Mandatory sentencing

Mandatory disqualification periods for traffic offences

The Traffic Act (‘TA’) requires the court to disqualify a person’s licence is they plead guilty or are found guilty of certain offences. The court has no discretion not to impose the disqualification.

Some examples are:

• first offence drive high range alcohol (> .15) [TA s 21(2)] mandatory licence disqualification of 12 months for a first offence
• second or subsequent offence driving at a dangerous speed (45 km or more over the speed limit) [TA s 30A]: mandatory licence disqualification licence disqualification of six months

Mandatory sentencing for assault emergency worker and assault police offences

s 155A of the Criminal Code Act 1983 NT - Assault, obstruction etc of persons providing rescue, medical treatment or other aid

If a person is being sentenced for an offence against s 155A of the Criminal Code Act 1983 NT ("CC Act"):

• The court must impose a minimum sentence of 12 months actual imprisonment if:
  • The commission of the offence involved the actual or threatened use of an offensive weapon; and
  • The victim suffered physical harm as a result of the offence; and
  • The offender has previously been convicted of a violent offence [SA Act s 78D(2)]
• The court must impose a minimum sentence of 3 months actual imprisonment if:
  • The commission of the offence involved the actual or threatened use of an offensive weapon; and
  • The victim suffered physical harm as a result of the offence; and
  • The offender has not previously been convicted of a violent offence [SA Act s 78D(3)]
• The court must impose actual imprisonment in all other circumstances if the offender has previously been convicted of a violence offence, but the court is not required to impose a minimum sentence. [SA Act s 78D(4)]

s 189A of the Criminal Code Act 1983 NT – Assault police

If a person is being sentenced for an offence against s 189A of the Criminal Code Act 1983 NT ("CC Act"):

• The court must impose a minimum sentence of 12 months actual imprisonment if:
  • The commission of the offence involved the actual or threatened use of an offensive weapon; and
  • The victim suffered physical harm as a result of the offence; and
  • The offender has previously been convicted of a violent offence [SA Act s 78DA(2)].
• The court must impose a minimum sentence of 3 months actual imprisonment if:
  • the victim suffered physical harm as a result of the offence [SA Act s 78DA(3)].
• The court must impose actual imprisonment in all other circumstances if the offender has previously been convicted of a violence offence, but the court is not required to impose a minimum sentence [SA Act s 78DA(4)].
• If the Court is not required to impose a minimum sentence of actual imprisonment and has decided not to impose a custodial order, the court must make a CCO and, if the offender is deemed suitable to participate in an approved project, order the offender participate in an approved project [SA Act s 78DBA, s 36, s 34(1)(a)].

Even if the court is required to impose a minimum sentence of a specific period of actual imprisonment for an offence against ss 155A or 189A of the CC Act, the court does not need to impose that sentence if the court is satisfied the circumstances of the case are exceptional. Voluntary intoxication or coercion by a co-offender are not exceptional circumstances [SA Act s 78B(1)]. See exceptional circumstances below.

Violent offences

The following offences are violent offences for the purposes of the mandatory sentencing section of the Sentencing Act 1995 NT ("SA Act"):

Criminal Code Act 1983 NT ("CC Act") as in force:

• s 54: terrorism
• s 55: contribution towards acts of terrorism
• s 155A: assault, obstruction etc. of persons providing rescue, medical treatment or other aid (if the offender assaulted the other person)
• s 156: murder
• s 160: manslaughter
• s 161A: violent act causing death
• s 165: attempt to murder
• s 166: threats to kill
• s 175: disabling in order to commit indictable offence
• s 176: stupefying in order to commit indictable offence
• s 177: acts intended to cause serious harm or prevent apprehension
• s 181: serious harm
• s 182: attempting to injure by explosive substances
• s 185: setting man-traps
• s 186: harm
• s 188: common assault
• s 188A: assaults on workers
• s 189: unlawful stalking
• s 189A: assaults on police
• s 190: assaults on the Administrator or judges
• s 191: assaults on member of crew of aircraft
• s 193: assaults with intent to commit an offence
• s 193B: assault with intent to steal
• s 194: kidnapping for ransom
• s 218: robbery

Physical harm

The term physical harm, in relation to a person, means a physical injury that interferes with the person's health [Sentencing Act 1995 NT ("SA Act")s 78C]. For further elaboration, see Wayne v Boldiston [1992] NTSC 42; (1992) 85 NTR 8.

Mandatory sentencing for sexual offences

If a person is found guilty of a sexual offence, the court must convict the offender and must order that the offender serves either a term of actual imprisonment or a term of imprisonment that is suspended partly but not wholly [SA Act s 78F].

Sexual offences

The following offences are defined to be sexual offences by the SA Act :

Criminal Code Act 1983 NT ("CC Act") as in force:

• s 125B: possession of child abuse material
• s 125C: publishing of indecent articles
• s 208H: sexual intercourse without consent
• s 208HA: compelling sexual intercourse or penetration without consent
• s 208HC: indecent touching or act – without consent
• s 208HD: compelling indecent touching or act – without consent
• s 208HE: recklessness in sexual offences
• s 208HF: attempt to commit sexual offence and recklessness
• s 208J: sexual intercourse – child under 16 years
• s 208JA: causing sexual intercourse or penetration – child under 16 years
• s 208JB: gross indecency – child under 16 years
• s 208JC: indecent touching or act – child under 16 years
• s 208JD: causing indecent touching or act – child under 16 years
• s 208JE: exposure to indecent thing or act – child under 16 years
• s 208JF: recording or capturing indecent image – child under 16 years
• s 208JG: engaging in conduct to procure sexual activity – child under 16 years
• s 208JH: grooming to engage in sexual activity – child under 16 years
• s 208JI: repeated sexual abuse – child under 16 years
• s 208K: sexual intercourse – young person
• s 208KA: causing sexual intercourse or penetration – young person
• s 208KB: gross indecency – young person
• s 208KC indecent touching or act – young person
• s 208LB: sexual intercourse – person with cognitive impairment.
• s 208LC: causing sexual intercourse or penetration – person with cognitive impairment
• s 208LD: gross indecency – person with cognitive impairment
• s 208LE: indecent touching or act – person with cognitive impairment
• s 208MA: incest
• s 208N: sexual involvement with animal.

Criminal Code Act 1983 NT ("CC Act") as in force before the commencement of Part 2 of the Criminal Justice Legislation Amendment (Sexual Offences) Act 2023

• s 127: sexual intercourse or gross indecency with child under 16
• s 128: sexual intercourse or gross indecency with child under 16 under special care
• s 130: sexual intercourse by provider of services to mentally ill or handicapped person.
• s 131: attempt to procure child under 16
• s 131A: sexual relationship with child
• s 132: indecent dealing with child under 16 years
• s 134: incest
• s 138: bestiality
• s 188(2)(k): indecent assault
• s 192: sexual intercourse and gross indecency without consent
• s 192B: coerced sexual self-manipulation

Mandatory sentencing for aggravated property offences

If the court finds a person guilty and convicts a person of an aggravated property offence, the court must:

• order a sentence of actual imprisonment that is not suspended in whole or part [SA Act S 78b(2)(a)], or
• order an ICCO that is subject to a home detention condition [SA Act S 78b(2)(n)], or
• order an ICCO or CCO that is subject to a condition to participate in an approved project [SA Act S 78b(2)(c)].

unless there are exceptional circumstances [SA Act S 78b(2)].

Please note that the above provisions do not apply if the court opts not to convict the person.

Aggravated property offences

The following offences are defined to be aggravated property offences. All section references are to the Criminal Code Act 1983 NT ("CC Act").

• s 193B: Assault with intent to steal
• s 218: Robbery
• s 220: Entering a building with intention to commit offence (or an attempt)
• s 221: Burglary (or an attempt)
• s 224: Damaging or interfering with property as a trespasser (if the damage or interference causes damage of a serious nature or that results in a loss of more than $5 000)
• s 225(3): Going equipped for theft and related offences
• s 228AB: Driving, using or riding motor vehicle, vessel or aircraft without consent (if injury caused to another person, life or safety of a member of the public endangered, the vehicle is damaged and the cost of repairs or reduction of value is over $1000 , the vehicle was taken in connection with another offence that is not a regulatory offence or offence of strict liability or the whereabouts is unknown to the person entitled to possession for 48 hours or longer)
• s 241: Damage to property
• s 241A: Ram raid

Mandatory sentencing for murder

The mandatory sentence for a person who is guilty of the offence of murder is imprisonment for life [Criminal Code Act 1983 NT ("CC Act") s 157].

Mandatory sentencing for contravening a DVO

The Court must sentence an offender to actual imprisonment if they are found guilty of a contravention of a domestic violence order (‘DVO’) in circumstances where:

• they are found guilty of at least three contravene DVO offences that took place within 28 days and they are being sentenced for the offences at the same time [Domestic and Family Violence Act 2007 ('DFV Act') ss 122(1), 121(2)], or
• they have previously been found guilty of contravening a DVO [DFV Act ss 122(1), 121(4)], or
• the offending involved harm or a threat to commit harm [DFV Act ss 122(1), 121(5)].

Exceptional Circumstances

The term exceptional circumstances is broad and allows the court to consider any matters it deems relevant. For examples of how the term has been considered by case law, see Rory v Sanderson [2012] NTSC 06, Dhamarrandji v Curtis [2014] NTSC 39, R v Duncan [2015] NTCCA 2.

Actual Imprisonment

The term actual imprisonment includes a sentence to a partially (but not wholly) suspended sentence [SA Act s 78CB], an ICCO [SA Act s 78CB] or a sentence of imprisonment to the rising of the court (Lovegrove v The Queen (2018) 41 NTLR 61).