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.
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