Custodial sentences are introduced for serious crimes that require the detention of an offender in a place especially set aside for their actions. Custodial sentences are used for punishments such as, imprisonment and periodic detention. One of the possible punishments that could be justifiable for Helen would be imprisonment, mainly because of the level of crime committed. As a result of the removal of the death penalty in New South Wales in 1955, imprisonment became the most severe punishment imposed by our legal system. Imprisonment is the process of detaining and offender in gaol for a specific amount of time. This punishment allows offender

s to be isolated from society so that they may not re-offend for a period of time. However, often imprisonment does not rehabilitate offenders, but instead, may have a negative effect on the offender’s behaviour. Consequently, imprisonment would not only disadvantage the offender, it would also impose hardship on the family or friends of the offender, especially if the offender was the main earner. Imprisonment is also one of the most expensive forms of punishments. It costs over ($) 50000 dollars to keep a prisoner in gaol for one year. Another possible punishment that is suitable for Helen would be periodic detention. If, however, Helen’s defence reduced her liability, from murder to manslaughter, the punishment can be reduced from imprisonment to periodic detention. The periodic detention of prisoners act 1981 allows provisions for a term of three to eighteen months of periodic detention if allowed or recommended by a judicial officer. Periodic detention enables the offender to be only detained on weekends. Punishments such as periodic detention allow offenders to continue with education or employment. This form of punishment is less costly than imprisonment. However, offenders may be able to re-offend since they are only detained on weekends.

· Attending counselling for drug and alcohol addiction

Non-custodial sentences are those that impose a penalty on the offender without supervision or detention, such as a fine, admonishment and no conviction recorded. These punishments are suitable for Tom’s criminal offences. A fine is the most common punishment. The offender has to pay a sum of money ordered by the court for their criminal offences. Fines create minimal disruptions, are flexible and are appropriate for many offences and are cost-effective. However, it may not deter and may not rehabilitate. Fines may also disadvantage low-social income people who have greater difficulty in funding the money to pay for the fine. Another punishment used for minor offences is called admonishment. This punishment is basically a warning or caution issued to a guilty offender. There is no further penalty given. Admonishmen

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