Sentencing
The purpose of sentencing is to: ensure the offender is adequately punished; deter; protect the community; promote rehabilitation; make the offender accountable; denounce conduct; and to recognise the harm done to the victim.
With sentencing, certain aggravating and mitigating factors need to be taken into account by a judge when sentencing a person. These include violence, the use of a weapon, previous convictions, whether in company, gratuitous cruelty, type of injury loss or damage, motivation, issues of public safety, whether on conditional liberty, issues of trust or authority, vulnerability of the victim, multiple victims or a series of criminal acts, and whether planned or organised.
Apart from factors to be taken in mitigation there can be a discount for a plea of guilty which the judge must take into and may reduce the penalty accordingly. Contrition, witness vulnerability and utilitarian values are all important. Utilitarian value of a plea could generally be assessed in a range of 10-25% discount on sentence however the timing of the plea is all important in this context. The earlier the plea the better. In some cases the plea, in combination with other relevant circumstances, may change the nature of the sentence imposed.
Taking other offences into account essentially the judge should deal with all offences in totality imposing a single sentence. The court has the discretion to refuse to take matters into account as part of the wishes of the offender and the prosecution. For offences punishable by life imprisonment matters cannot be taken into account despite the wishes of the offender and prosecution.
Sentencing Articles
Criminal Law - Sentencing in the Local Court
Date: October 08, 2010
Author(s): Jana Whitby B.A., LL.B. (Hons.)
Often I am asked by my clients who have been charged with common offences such as assault or drink driving what the likely result will be if they enter a plea of “Guilty”. This is not a question which can be answered with much certainty given that even when to individuals are charged with exactly the same charge, the possible outcome when it comes to that individual’s sentencing can vary according to factors such as in which Local Court the matter is dealt with, which Magistrate determines the sentence, the sentencing options available to the Magistrate and the individual’s subjective circumstances.
Criminal Law - Bail - The importance of a well prepared bail application
Date: February 02, 2009
Author(s): LAC Lawyers
Given that the Act provides for authorisation to be at liberty, the question obviously arises as to what types of matters could put an accused’s liberty at risk and what forms of review, if any are possible, if bail is refused.
Criminal Law - Crown Appeal Against Sentence
Date: January 22, 2009
Author(s): LAC Lawyers
When an accused person (“A”) has been convicted or has pleaded guilty to an offence A will be sentenced by the Court. If the Crown is of the view that the sentence A received was manifestly inadequate, then the Crown can appeal against the original sentence.
Criminal Law - Pleading guilty? Make yourself the favourite!
Date: May 14, 2008
Author(s): LAC Lawyers
In a large number of criminal cases a person will plead guilty. It is then up to his legal representative to submit what is called a plea in mitigation. In other words the advocate will make submissions to the Court for the purpose of obtaining the most lenient sentence possible.
What to expect when you call LAC Lawyers
Date: December 13, 2006
Author(s): LAC Lawyers
LAC Lawyers is a full service firm dedicated to the provision of superior legal services in Australia. Our aim is to provide unrivalled client satisfaction coupled with high quality service and advice. When you call LAC Lawyers our friendly reception staff will spend time with you to identify the area of law your enquiry relates to then pass you on to one of our qualified solicitor's who can help you.
Criminal Law - Sentence and penalty options available to courts if convicted of a criminal offence
Date: September 26, 2005
Author(s): LAC Lawyers
Murder. Bigamy. Robbery. Bushfires. Terrorism. Domestic violence. Computer offences. Concealing the birth of a child. Fraud. Rape. The list of criminal offences for which a person may be convicted in any Australian jurisdiction is extensive.