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Criminal penalties in Australia (New South Wales)
Checked in October 2026 against the Crimes Act 1900 (NSW), current version for 1 October 2026 to date, and Road Transport Act 2013 (NSW), read in English on NSW Legislation.
These are statutory ranges for a first offence, from the least to the most the law allows. A court decides the actual sentence in each case. We read the code in its original language and give the offences in plain English, with the legal term where it helps. For anything that matters, rely on the code itself. Not legal advice.
How Australia (New South Wales) sets penalties
- Each Australian state and territory has its own criminal law, so there is no single set of penalties for Australia. This page is New South Wales only. The Commonwealth's Criminal Code Act 1995 covers federal offences, such as terrorism and most drug importation, and was not read.
- The Crimes Act 1900 states most penalties as a maximum: 'liable to imprisonment for 25 years' or 'Maximum penalty—Imprisonment for 10 years'. The sentence in a case is set by the court under the Crimes (Sentencing Procedure) Act 1999, which also lets a court impose a lesser sentence, and its rules on non-parole periods were not read.
- For murder the maximum is imprisonment for life (s. 19A). A person sentenced to life serves the term of their natural life, and s. 19A(3) preserves a court's power under s. 21(1) of the Crimes (Sentencing Procedure) Act 1999 to pass a lesser sentence. Section 19B makes life mandatory for the murder of a police officer in the circumstances it sets out.
- Many offences have aggravated forms with a higher maximum (for example robbery in circumstances of aggravation), which are listed grade by grade below.
- Drink driving is in the Road Transport Act 2013, not the Crimes Act. Penalties there are stated in penalty units, a set sum of money that is changed by regulation, so no dollar figures are given. This table shows first-offence ranges.
Death penalty: No. The highest penalty in the Crimes Act 1900 (NSW) is imprisonment for life, for murder (s. 19A).
Read the Australia (New South Wales) legal-system profile in the Legal Families Atlas →
First-degree murder
Imprisonment for life; mandatory life for the murder of a police officer in the circumstances of s. 19B
Murder (Offence (NSW))
- Least
- No minimum term set by the statute
- Most
- Imprisonment for life
Murder of a police officer while executing duty, or because of actions in the execution of duty, knowing or ought to have known, and intending to kill or engaged in criminal activity risking serious harm to police (Offence (NSW))
- Least
- No minimum term set by the statute
- Most
- Imprisonment for life (mandatory)
For the term of the person's natural life; not applicable to a person under 18 or with a significant cognitive impairment.
Murder (s. 18) is an act or omission causing death done with reckless indifference to human life, or with intent to kill or to inflict grievous bodily harm, or in or immediately after a crime punishable by life or 25 years. Section 19A says that a person who commits murder is liable to imprisonment for life, to be served for the term of the person's natural life, subject to the court's power under s. 21(1) of the Crimes (Sentencing Procedure) Act 1999 to pass a lesser sentence. Section 19B requires life for the murder of a police officer in the circumstances it lists, unless the offender was under 18 or has a significant cognitive impairment.
Second-degree murder
The same offence: imprisonment for life (s. 19A)
Murder (Offence (NSW))
- Least
- No minimum term set by the statute
- Most
- Imprisonment for life
New South Wales does not divide murder into degrees. The single offence of murder is shown under first-degree murder.
Voluntary manslaughter
Imprisonment for 25 years
Manslaughter (Offence (NSW))
- Least
- No minimum term set by the statute
- Most
- 25 years
Every punishable homicide that is not murder is manslaughter (s. 18(1)(b)), which covers both killing in the heat of passion and killing without intent. The penalty is imprisonment for 25 years (s. 24). Where the judge considers a nominal punishment would be enough, the judge may discharge the jury from giving a verdict, which operates as an acquittal.
Robbery
14 years (robbery); 20 years if armed or in company, or in circumstances of aggravation; 25 years if armed with a dangerous weapon, or if the victim is wounded or seriously harmed
Robbery or assault with intent to rob, or stealing from the person (Offence (NSW))
- Least
- No minimum term set by the statute
- Most
- 14 years
Robbery, or assault with intent to rob, in circumstances of aggravation (for example using corporal violence) (Offence (NSW))
- Least
- No minimum term set by the statute
- Most
- 20 years
Robbery, or assault with intent to rob, while armed with an offensive weapon or in company with another person (Offence (NSW))
- Least
- No minimum term set by the statute
- Most
- 20 years
The same, armed with a dangerous weapon (Offence (NSW))
- Least
- No minimum term set by the statute
- Most
- 25 years
Robbery that wounds or inflicts grievous bodily harm, in circumstances of aggravation (Offence (NSW))
- Least
- No minimum term set by the statute
- Most
- 25 years
Robbery, being armed or in company, and wounding or inflicting grievous bodily harm (Offence (NSW))
- Least
- No minimum term set by the statute
- Most
- 25 years
Burglary
5 years (larceny); 10 years (breaking and entering with intent); 14 years (breaking and entering and committing an offence), up to 25 years if specially aggravated
Larceny (stealing) (Offence (NSW))
- Least
- No minimum term set by the statute
- Most
- 5 years
Breaking and entering a dwelling-house or other building with intent to commit a serious indictable offence (Offence (NSW))
- Least
- No minimum term set by the statute
- Most
- 10 years
Aggravated: 14 years. Further aggravated forms: 20 years.
Breaking and entering a dwelling-house or other building and committing a serious indictable offence in it (Offence (NSW))
- Least
- No minimum term set by the statute
- Most
- 14 years
Aggravated: 20 years. Specially aggravated: 25 years.
Entering a dwelling-house with intent to commit, or committing, a serious indictable offence in it, and breaking out (Offence (NSW))
- Least
- No minimum term set by the statute
- Most
- 14 years
Aggravated: 20 years.
New South Wales has no offence named burglary in the Crimes Act. It is breaking and entering a dwelling or other building with intent to commit a serious indictable offence, or doing so and committing one, and there are aggravated and specially aggravated forms.
Arson
5 years (damaging property); 10 years (by fire or explosives); 12 years if aggravated; up to 14 years, or 16 years in a public disorder, if by fire with intent to injure a person
Intentionally or recklessly destroying or damaging property belonging to another (Offence (NSW))
- Least
- No minimum term set by the statute
- Most
- 5 years
The same, by means of fire or explosives (Offence (NSW))
- Least
- No minimum term set by the statute
- Most
- 10 years
Aggravated circumstances: 12 years (s. 195(1AAA)). During a public disorder: 12 years (s. 195(2)(b)).
Destroying or damaging property with intent to cause bodily injury to another (Offence (NSW))
- Least
- No minimum term set by the statute
- Most
- 7 years
14 years if caused by means of fire or explosives.
The same, during a public disorder (Offence (NSW))
- Least
- No minimum term set by the statute
- Most
- 9 years
16 years if caused by means of fire or explosives.
New South Wales does not have an offence called arson in the sense of a separate section. Destroying or damaging property by means of fire or explosives is the offence of destroying or damaging property (s. 195), with higher maximums where done with intent to injure a person (s. 196).
Aggravated assault
5 years (assault causing actual bodily harm); 10 to 14 years (reckless grievous bodily harm or wounding); 25 years (with intent to cause grievous bodily harm)
Assault occasioning actual bodily harm (Offence (NSW))
- Least
- No minimum term set by the statute
- Most
- 5 years
7 years if committed in the company of another person or persons (s. 59(2)).
Reckless wounding or grievous bodily harm (Offence (NSW))
- Least
- No minimum term set by the statute
- Most
- 10 years
14 years for reckless grievous bodily harm in company (s. 35(1)); 10 years for reckless wounding in company (s. 35(3)).
Wounding or causing grievous bodily harm with intent to cause grievous bodily harm, or to resist lawful arrest (Offence (NSW))
- Least
- No minimum term set by the statute
- Most
- 25 years
Rape and sexual assault
14 years (sexual assault); 20 years (aggravated sexual assault)
Sexual assault (Offence (NSW))
- Least
- No minimum term set by the statute
- Most
- 14 years
Aggravated sexual assault (Offence (NSW))
- Least
- No minimum term set by the statute
- Most
- 20 years
Sexual assault (s. 61I) is having sexual intercourse with another person without that person's consent, knowing that the person does not consent. Aggravated sexual assault (s. 61J) is the same offence in circumstances of aggravation.
Kidnapping
14 years; 20 years if in company or if actual bodily harm is caused
Kidnapping: taking or detaining a person without consent, to hold them to ransom, to commit a serious indictable offence, or to obtain any other advantage (Offence (NSW))
- Least
- No minimum term set by the statute
- Most
- 14 years
Aggravated kidnapping: in the company of others, or causing actual bodily harm to the victim (Offence (NSW))
- Least
- No minimum term set by the statute
- Most
- 20 years
Embezzlement
10 years (larceny by a clerk or servant; fraud)
Larceny by a clerk or servant (Offence (NSW))
- Least
- No minimum term set by the statute
- Most
- 10 years
Fraud (Offence (NSW))
- Least
- No minimum term set by the statute
- Most
- 10 years
New South Wales has no offence named embezzlement. Stealing by a clerk or servant of the master's property is s. 156, and obtaining property or advantage by deception and other dishonest acts is fraud (s. 192E).
Forgery
10 years (making a false document; using a false document)
Forgery: making a false document (Offence (NSW))
- Least
- No minimum term set by the statute
- Most
- 10 years
Using a false document (Offence (NSW))
- Least
- No minimum term set by the statute
- Most
- 10 years
Drunk driving, first offence
20 penalty units (low range); 20 penalty units or 9 months or both (middle range); 30 penalty units or 18 months or both (high range)
Driving with the low range prescribed concentration of alcohol (Offence (NSW))
- Least
- No minimum term set by the statute
- Most
- No imprisonment
- Fine
- Up to 20 penalty units (first offence)
Driving with the middle range prescribed concentration of alcohol (Offence (NSW))
- Least
- No minimum term set by the statute
- Most
- 9 months
- Fine
- Up to 20 penalty units, or imprisonment, or both (first offence)
Driving with the high range prescribed concentration of alcohol (Offence (NSW))
- Least
- No minimum term set by the statute
- Most
- 18 months
- Fine
- Up to 30 penalty units, or imprisonment, or both (first offence)
Driving, or being in the driving seat and trying to move, a motor vehicle with a prescribed concentration of alcohol is an offence, in several ranges (novice, special, low, middle and high), under s. 110 of the Road Transport Act 2013. The penalty units in the Act are a set sum of money fixed elsewhere. The Act also provides for licence disqualification, which was not read.
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