2 Sentencing act of 1991 (VIC) provides guidelines for the courts on deciding the most appropriate sentence for an offender and sets out the purposes or reasons why sentences may be imposed.DefinitionExplanationJust punishmentSanctions should operate to protect the community against potentially harmful behaviour. However imprisonment should be seen as a last resort.DeterrenceAlter or modify the behavior of individuals to avoid reoffenders.RehabilitationTo deter the offender or others from committing the same or a similar offence.DenunciationDemonstrates the court’s condemnation of a particular type of behaviourCommunity protectionmatch the culpability of the offender
3 DefinitionExplanationJust punishmentmatch the culpability of the offenderDeterrenceTo deter the offender or others from committing the same or a similar offenceRehabilitationAlter or modify the behavior of individuals to avoid reoffendersDenunciationDemonstrates the court’s condemnation of a particular type of behaviourCommunity protectionSanctions should operate to protect the community against potentially harmful behaviour. However imprisonment should be seen as a last resort.
4 Culpable: The blameworthiness of the accused Culpable: The blameworthiness of the accused. An accused is culpable when he or she is responsible for a criminal act.
5 Suspended Sentence of Imprisonment: The offender is required to be of good behavior and not reoffend during the period of the suspension. If the offender complies with the conditions, the term of imprisonment does not have be served.A sentence can be whole or partly suspended.-During the time of the suspension, if the offender commits another offence, it is likely the original sentence will be restored.
6 When determining if a sentence should be suspended, the court must take into account the following: Sentence adequately shows the denunciation by the courtSentence adequately deters the offender or other persons from committing the offence.Any previous suspended sentence
7 The risk of the offender committing another crime during the suspended sentence. Can only be applied if the sentence is less than two years in the magistrate’s court OR three years in the County or Supreme court.Cannot be applied for serious offences, murder, manslaughter or rape.
9 In 2013, the Sentencing Amendment (Abolition of Suspended Sentence and Other Matters) Act was passed. Suspended sentences in the Supreme and County Courts were phased out at the end of Suspended sentences will be phased out in the Magistrates court by September this year.
10 Drug Treatment OrderDrug court (operating in the magistrate’s court) can impose a custodial sentence, which is suspended while the offender undertakes a rehabilitation program that has been specifically designed for the offender.Offender is closely monitored and attends regular meeting with the magistrate and counselors.If the offender continues to offend, the original custodial sentence can be imposed.
11 Drug Treatment Order-Aimed to protect the community to reduce the likelihood of offender reoffending by being rehabilitated.-As the order is coupled with a suspended sentence, it demonstrates the court’s disapproval (denunciation) of the accused actions and deters him or her from reoffending because that would lead to imprisonment.
12 Fines The most common penalty imposed of any offence. A fine imposes a monetary penalty on an offender.A court can impose a fine with or without recording a conviction.Conviction –A formal declaration from a court or jury that an accused is guilty of a criminal offence.
13 Fines continuedWhen determining the amount of the fine a judge must consider the financial circumstances of the offender.