How does the court reach a sentencing decision?
Sentencing Process
Prosecution Submissions The prosecution submits agreed facts, and makes submissions on the aggravating and mitigating factors of the offence. It is not the role of the prosecution to seek the harshest penalty possible, but to present a view of the offence. The prosecution can discuss the sentenc...
To punish or not to punish
Under the Sentencing Act 1997, courts must consider several primary purposes of sentencing. On the one hand we have retribution, denunciation, and deterrence, and on the other hand we have rehabilitation. Overarching all of these purposes is protection of the community, because all of these purpo...
Factors for consideration
A quick look at mitigating and aggravating factors Some mitigating factors A plea of guilty; the earlier in the process the better Cooperation with police / prosecution Confession and/or coming forward Remorse Attempts at rehabilitation on the part of the defendant; reformed cha...
Examples of sentencing
The nature of the offence and the offender: mitigation and aggravation A young man commits the offence of burglary, and steals $4,000 from a business.[1] 8 years later DNA evidence links him to the offence. He committed a number of offences of dishonesty around the same time, but since then has ...
Page last updated 22/01/2020