Victim impact statements in NSW.

What is a victim impact statement?

A victim impact statement is a written statement that tells the court about the harm an offence has caused to a victim. It can describe the physical, emotional, psychological, and financial effect of the offence. The victim may read it aloud, or have it read, at the sentence hearing.

The statement gives the court a fuller picture of the consequences of the offending, in the victim's own words. It is one of the ways the sentencing process recognises the person harmed, not only the person being sentenced.

When can a statement be given?

Victim impact statements are available in sentencing for certain offences, broadly those involving death, actual physical harm, or a sexual offence, and for some other serious offences. A primary victim is the person against whom the offence was committed. A family victim is a member of the immediate family of a person whose death was caused by the offence.

The statement is given after conviction and before sentence. It is provided to the court and to the offender, so there are no surprises, and it forms part of the material the court considers on sentence.

How does the court use it?

The court can take a victim impact statement into account on sentence, particularly on the harm caused by the offence, which is relevant to its objective seriousness. For a family victim in a homicide, the court can take the statement into account in the way the law allows, recognising the loss to the family.

The statement does not set the sentence. The court still applies the ordinary sentencing principles and the factors in section 21A. The statement informs the court about consequences; it does not replace the court's assessment of the proper sentence.

What are the limits on a statement?

A victim impact statement is about the impact of the offence. It is not the place for allegations about other conduct, or for demands about what the sentence should be. The court can decline to consider material that goes beyond the proper scope.

The offender is entitled to see the statement. It is generally not tested by cross-examination, but its contents must stay within what the law allows, and the defence can make submissions about the weight to be given to it.

What it means for the offender and the defence

For an offender, the statement is a moment to understand the real effect of the offending, and genuine remorse expressed through counsel can matter. For the defence, the task is to acknowledge the harm while keeping the sentence focused on the proper principles and the whole of the material.

Preparation counts on both sides. Our notes on the plea discount and on working with counsel explain how the subjective case and the plea fit into the sentence hearing where a victim impact statement is read.

Frequently asked.

What is a victim impact statement?

A written statement that tells the court about the harm an offence has caused a victim, including physical, emotional, and financial effects. It is provided for in Part 3 of the Crimes (Sentencing Procedure) Act 1999 (NSW) and may be read at the sentence hearing.

Who can give a victim impact statement?

A primary victim, meaning the person against whom the offence was committed, and a family victim, meaning a member of the immediate family of a person whose death was caused by the offence, in sentencing for the offences the Act specifies.

When is it given?

After the person is found guilty and before they are sentenced. The statement is provided to the court and to the offender, and forms part of the material considered on sentence.

Does a victim impact statement decide the sentence?

No. The court takes it into account on the harm caused, which is relevant to the seriousness of the offence, but it still applies the ordinary sentencing principles. The statement informs the court; it does not set the sentence.

Can the offender challenge a victim impact statement?

The offender is entitled to see it. It is generally not cross-examined, but it must stay within the proper scope, and the defence can make submissions about the weight to be given to it.

To speak to a criminal defence lawyer, call Aaron Kernaghan on 0421 717 019.

This article is written by Aaron Kernaghan, criminal defence lawyer at Good Legal Lawyers, as at 3 September 2026. It is commentary and reflects the personal opinion of the author only. It is not legal advice, it is not a substitute for advice on your own matter, and it does not purport to be accurate or complete. Any matter referred to may be before the court and any person charged is presumed innocent. For advice on a specific matter, contact Aaron Kernaghan on 0421 717 019 or contact the firm.

More criminal-law commentary by Aaron Kernaghan.

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