Introduction

The victims of crime often feel disempowered and helpless, and understandably so. Therefore, NSW courts have official ways for victims to clearly express their experiences and influence the sentence imposed on the offender. Victim Impact Statements (VIS) play a crucial role in the criminal justice system of New South Wales, providing victims with a platform to voice the impact of a crime on their lives. Enshrined under the Crimes (Sentencing Procedure) Act 1999 (NSW), a VIS allows victims to detail the physical, emotional, and financial harm they’ve endured, ensuring their experiences are considered during sentencing.

This article will guide you through the key aspects of Victim Impact Statements in NSW, including their definition, components, presentation in court, and their influence on sentencing and parole hearings. By exploring these elements, the guide aims to clarify the significance of VIS and how they empower victims within the legal process.

Understanding Victim Impact Statements in NSW

Definition of VIS & Who is a Victim

A Victim Impact Statement (VIS) is a document that allows victims of crime to share details about the harm they have suffered as a result of an offence. This statement is typically presented during sentencing proceedings and provides the court with a deeper understanding of the crime’s impact on the victim’s life.

A victim is defined as a person who has suffered physical, psychological, or psychiatric harm as a direct result of a crime. This includes:

• Primary victims: Individuals directly affected by the offence, such as those who were physically harmed or threatened
• Family victims: Immediate family members of a victim who died as a result of the crime, including spouses, parents, children, and siblings

It’s important to understand that the VIS is entirely voluntary. Victims can choose whether or not to provide one, and declining to submit a VIS does not imply that the crime caused no harm.

Purpose & Significance of VIS

The primary purpose of a Victim Impact Statement is to convey the personal harm suffered by the victim, providing the court with a fuller understanding of the offence’s consequences. This statement can include details about:

• Physical harm: Injuries or physical suffering caused by the crime
• Emotional and psychological harm: Mental health impacts, such as anxiety, depression, or post-traumatic stress disorder
• Economic loss: Financial hardships resulting from medical expenses, lost wages, or property damage
• Impact on relationships: Strain on personal relationships with family and friends

The VIS serves several key functions in the justice process:

1. Therapeutic Benefit: Allowing victims to express their experiences and feelings can be emotionally empowering, providing a sense of closure and validation
2. Influence on Sentencing: While the VIS does not directly determine the sentence, it can influence the court’s assessment of the offence’s severity and the offender’s level of remorse
3. Court’s Understanding: The statement helps the court understand the broader societal and personal impacts of the crime, beyond the legal facts presented during the trial

By providing a platform for victims to voice their experiences, the VIS plays a crucial role in ensuring that the criminal justice system acknowledges the human cost of crime and strives to address it appropriately.

Components of a Victim Impact Statement

Types of Harm Covered in a VIS

A Victim Impact Statement (VIS) is a document that allows victims of crime to detail the harm they have suffered as a result of an offence. This crucial component of the criminal justice process in NSW provides the court with a comprehensive understanding of the crime’s impact during sentencing proceedings, potentially influencing the court’s decision-making.

A VIS can address various types of harm experienced by the victim, including:

Physical Harm: 

• This includes injuries, pain, or any physical suffering resulting from the crime. Victims may describe how their injuries have affected their ability to work or perform daily activities.

Emotional and Psychological Harm: 

• This encompasses feelings of anxiety, depression, post-traumatic stress disorder (PTSD), or any emotional distress caused by the offence. Victims can express how the crime has affected their mental well-being and overall quality of life.

Economic Loss: This covers financial hardship resulting from the crime, such as:

• Medical expenses
• Lost wages
• Property damage

Victims can outline how the offence has impacted their financial stability.

Impact on Personal Relationships

• The crime may have strained relationships with family and friends, leading to feelings of isolation or breakdown in communication.
• Victims can describe these interpersonal effects in detail.

In addition to the primary victim, family members of a victim who has died as a result of the crime can also provide a VIS, describing the emotional and financial impact of the loss on their lives.

Content Restrictions in a VIS

While a VIS provides victims with a voice in the legal process, certain restrictions ensure the statement remains relevant and does not compromise the fairness of proceedings. Key content restrictions include:

• No Details of the Crime: The VIS should focus on the impact of the crime rather than providing a detailed account of the crime itself.
• No Offender’s Criminal History: Victims should not comment on the offender’s past crimes or criminal history, as this information is typically presented by the prosecution.
• No Medical Conditions Without Proof: Any claims regarding medical conditions or psychological harm must be supported by medical evidence or documentation.
• No Opinions on Sentencing: The VIS should concentrate on the harm suffered, not on what sentence the offender should receive.
• No Offensive Language: The statement must remain respectful and avoid any offensive or inflammatory language.
• Statement Length: The maximum length is 20 A4 pages.

Victims are encouraged to seek assistance from professionals, such as counsellors or legal advisors, when preparing their VIS. By creating a clear, concise statement focused solely on the impact of the crime, victims can effectively communicate their experiences and contribute to a more informed sentencing process.

Presenting VIS in Court

Reading Options & Support Arrangements for VIS

Victims have the option to read their VIS aloud in court or have someone else read it on their behalf. This choice allows victims to express the impact of the crime in a manner that feels comfortable for them.

Support persons are permitted to accompany the victim during the reading, providing emotional assistance. This support can be crucial in helping victims navigate what is often a challenging court process.

Court Considerations During VIS Presentation

The court handles VIS presentations with careful consideration of the victim’s privacy and comfort. Several accommodations may be available:

• In sexual offence cases, the court is typically closed to the public unless the victim consents to an open court.
• For other cases, victims may request to present their VIS in:
  • Closed court settings
  • Via CCTV, ensuring their privacy is protected

The court evaluates the practicality of these arrangements while prioritising the victim’s wellbeing throughout the presentation process.

VIS Role in Sentencing & Parole Hearings

Influence of VIS on Sentencing Decision

A Victim Impact Statement (VIS) plays a significant role in sentencing proceedings by providing the court with a detailed understanding of the harm suffered by the victim. While a VIS does not directly determine the sentence, it can influence the court’s assessment of the offence’s severity and the offender’s circumstances.

The statement highlights the physical, emotional, or financial impact of the crime, which can lead to a harsher sentence if the harm is substantial. For example, a VIS detailing severe emotional trauma or significant financial loss may underscore the gravity of the offence, potentially resulting in a more severe penalty.

Key considerations for how VIS influences sentencing include:

• Physical Harm: Details of injuries or physical suffering caused by the crime
• Emotional and Psychological Harm: Mental health impacts such as anxiety, depression, or post-traumatic stress disorder
• Economic Loss: Financial hardships resulting from medical expenses, lost wages, or property damage
• Impact on Personal Relationships: Strain on relationships with family and friends

The court considers these factors alongside other sentencing elements, such as the offender’s remorse, prior convictions, and the likelihood of reoffending.

Victim Input in Parole Hearings

Victims or their immediate family members have the right to provide input during parole hearings, particularly for serious offenders. This input is considered by the State Parole Authority when assessing whether the offender poses a continued risk to the community.

The victim’s statement can address concerns about the offender’s potential threat and the impact of their release on the victim’s well-being. This process ensures that the victim’s voice is heard in the justice system, acknowledging the ongoing impact of the crime and providing a sense of closure and validation.

Key aspects of victim input in parole hearings include:

• Right to Provide Views: Victims can express their concerns about the offender’s release and its potential impact on their safety and emotional well-being
• Consideration of Risk: The parole authority evaluates the offender’s likelihood of reoffending and the potential risk to the victim and the community
• Impact on Decision-Making: While the victim’s input does not solely determine the parole decision, it provides valuable context for the authority to consider

Conclusion

A Victim Impact Statement is a powerful tool within the NSW justice system, giving a voice to those affected by crimes like assault or homicide. By detailing the physical, emotional, and financial toll of an offence, a VIS ensures the court fully understands the human consequences during sentencing. While preparing one is voluntary, a well-crafted statement can provide a sense of validation and play a meaningful role in the legal process.

Navigating these procedures can be complex, and securing professional guidance is crucial. If you need to prepare a Victim Impact Statement or require representation in a related matter, contact the criminal lawyers at Daoud Legal: Sydney Criminal Defence & Traffic Lawyers for specialist advice and support.

Frequently Asked Questions