Page updated on: Friday April 23, 2010

PART 2: Sentencing

After being found guilty or pleading guilty, a Judge must decide how to sentence a defendant. The Sentencing Act 2002 provides the principles behind sentencing.

The following pages give an outline of the types of sentences generally available to the court and the main factors influencing the sentencing process.
 

Part Three uses common examples of offences to show what a likely sentence will be for a first time offender.

• Diversion
  • When a first time offender faces a minor charge and intends to plead guilty, Police will grant diversion in almost all cases.
  • Diversion is available only if:
  • More information:
• Plea in Mitigation
  • Before the Judge decides on a sentence, the Duty Lawyer or your lawyer (or yourself if you don’t have a lawyer representing you) may give a “plea in mitigation”.
  • Take the following case as an example:
• Maximum & Mandatory Sentences
  • Every offence contained in law includes a sentencing guideline for Judges. Usually this is by including a maximum penalty in the statute. In some cases, it also includes a minimum "mandatory" penalty.
  • Example - Maximum Sentence
  • Example - Mandatory Sentence
  • More Information:
• What Sentences are Available?
  • The main groups of sentences and penalties available are:
  • More Information:
• How Does a Judge Decide on a Sentence?
  • The purposes of sentencing are to:
• Aggravating & Mitigating Factors
  • Aggravating factors include:
  • Mitigating factors are factors which make the offence less serious and will tend to decrease the sentence. They include:
  • Example:
• Deferred Sentences and Discharges
  • There are three other sentences which are available at the discretion of the Judge: a deferred sentence, discharge without conviction and discharge and conviction.
  • Example:
• Monetary Penalty
  • Monetary penalties include fines and reparation.
  • The Court can enforce your fine in any of the following ways:
  • More Information
• What will I have to do if I’m Sentenced to a Community-Based Sentence?
  • The aim of community-based sentences is to allow a person to make reparation for their crimes and address their offending, while maintaining their normal life and employment.
  • More Information:
• What will I have to do if I get a Sentence of Detention?
  • The sentences of home detention and community detention are community based sentences. They operate by restricting your freedom by (usually) electronically monitoring your whereabouts.