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Sentencing

Sentencing is one of the most demanding aspects of our legal system. It presents a challenging task both for judges to administer, and for the public in understanding the complexities of the sentencing process.

Victorian Sentencing Manual

Since November 2005 the Victorian Sentencing Manual has been available online and free of charge, both to professionals involved in the legal system including judges, and to the public. The regularly updated online manual is user-friendly and contains recent summaries, case judgments and sentencing principles. To access the Victorian Sentencing Manual online, go to the Judicial College website publications section.

Corrections Victoria is responsible for administering sentences once they have been imposed by courts. This encompasses both custodial sentences served in prison and non-custodial sentences that incorporate Community Based Orders, Intensive Correction Orders and Combined Custody and Treatment Orders. Corrections Victoria also oversees any portion of a prisoner’s sentence spent under supervision in the community on Parole Orders.

Sentencing: further information

The Sentencing Act 1991 sets out five purposes for sentencing adult offenders in Victoria. They are to punish, deter and rehabilitate offenders, to denounce their behaviour and to protect the community. The Act states that sentences can only be imposed in order to:

• punish the offender to an extent and in a manner that is just in all of the circumstances
• deter the offender or others from committing similar offences
• establish conditions that will foster the offender’s rehabilitation
• make it clear that the court denounces or condemns the offender’s behaviour
• protect the community from the offender.

Factors in sentencing

The judge or magistrate must also take into account:

• the maximum penalty prescribed for the offence by legislation
• current sentencing practices
• the nature and seriousness of the offence
• the offender’s culpability and degree of responsibility for the offence
• the effect the offence has had on the victim
• any injury, loss or damage resulting directly from the offence
• whether the offender pleaded guilty to the offence and, if so, at what stage in the proceedings this was indicated
• the offender’s previous character (that is any prior convictions)
• the presence of any aggravating factors (for example where there is a power relationship over the victim or violence was used in the commission of the offence) or mitigating factors concerning the offender (for example an elderly first-time offender) or of any other relevant circumstances.

With the purpose of the sentence and the above factors taken into account, a court must impose only the sentence that achieves that purpose. For instance if a non-custodial sentence would be appropriate then a jail term should not be prescribed.

For further information go to the Sentencing Advisory Council website section: ‘About Sentencing’.