(POST – TRIAL)
The Act states that the sentencing judge is obliged to
consider the following when sentencing:
 Maximum penalty
 Current sentencing practices
 Nature and gravity of the offence
 Offenders culpability and responsibility
 Impact of the offence on the victim
 Injury loss or damage resulting from the offence
 Whether offender pleaded guilty – stage
 Offenders compliance during directions hearings
 Offenders previous character, previous convictions,
significant contributions to the community
 Aggravating or mitigating factors
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Sentencing Discounts – less severe sentence
due to guilty plea. (The act requires the court to
state the amount of discount given for a plea of
guilt where the sentence is of a custodial nature
over 10 penalty units or an aggregate fine over
20 penalty units)
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Sentence Indicators –magistrate or judge (after
reviewing summaries and materials before a
case) advises the defendant of the likely
sentence.
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An indication can only be given on the
application of accused and may only be given
once – unless the prosecution otherwise
consents.
If the indicator is given the accused pleads
guilty the court may not impose a more
severe sentence.
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5.
What is the aim of the sentence indicator
and sentence discounts?
How is this beneficial for the defendant and
the legal system?
What is the aim of a victim impact
statement?
What kind of things are included in a victim
impact statement?
What is the significance of the Sentencing
(Further Amendment) Act 2005 (Vic)?
Protection
Punishment
(Retribution)
Sentencing Act
1991 (Vic)
Section 5(1)
Denunciation
Deterrence
(General and
Specific)
Rehabilitation
Deferred sentence
 Aged between 17 to 25
 Up to 6 months
 Opportunity for young offenders to address
criminal behaviour
 Return for sentencing – court takes behaviour
during deferred period into account
Conviction or without conviction
 Long term serious consequences –
employment opportunity
 Nature of the offence
 Character and past history
 Impact on offenders economic or social well
being employment prospects
Dismissal
 Guilty – without recording conviction
Discharge
 Record conviction and discharge
Record a conviction and adjourn for a period of
up to 5 years and attach conditions (e.g. drug
alcohol program etc)
Levels (1 to 12)
 Each penalty unit $110.12
This enables enables the government to
increase the value of penalty units without
changing all the acts
 If unable to pay fine – imprisonment or
community work (one day – for each penalty
unit)(one hour of community work for each
0.2 penalty units)
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Undergo treatment to stop behaviour and
undergo treatment or take part in education,
vocational or personal development
programs
Guilty of an offence punishable by
imprisonment or fine of more than 5 penalty
units
Court must receive a pre sentence report
Offender must agree to comply
Conditions apply to CBO (Page 377 to 378)
Three requirements of CBO
1. Supervision – monitored regularly –
community correction officer
2. A program (treatment and assessment)
3. Community service (40 to 120 hours) at least
12 hours in 7 day period
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In custody for no longer then 3 years
Offenders aged between 15 and 20 years
repeat offenders
CSP (Client Service Plan) – participation in a
range of activities
Report to youth justice unit for up to 10 hours
a week
10 to 18 – youth supervision order up to 12
months
If a term of imprisonment is given of no more
than 2 years in Magistrates court or 3 years in
Supreme or County court whole or part can be
suspended.
 During the time of the suspension if offender
commits another offence- the original sentence
will be restored together with a further sanction
for a second offence.
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What is the significance of the Sentencing
(suspended sentences) Act 2006 (Vic)?
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Second most severe punishment after
imprisonment
Aimed at offenders who have recieved
shorter prison term
Pre-sentence report, prison not more than 12
months, order served by way of ICO to the
community
Stringent conditions see page 381
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Expressed as levels 1 to 9 (1 for life and 9 for 6
months)
Parole – release after minimum served
(conditions can be attached to parole)
Concurrent and cumulative sentences
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Drug treatment orders
Home detention scheme
Hospital security orders and restricted
involuntary treatment orders
Indefinite sentences see page 387 to 389
Question 38
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Read and summarise pages 394 to 405
Answer practice exam- Questions 1, 2, 3 page
404 (relevant to SAC)