Lachlan, Steven, Genevieve

Crimes (Sentencing Procedure) Act 1999, Section 3A  To ensure that the offender is adequately punished for the crime.  To prevent crime by deterring the offender and other persons from committing similar offences.  To protect the community from the offender.  To promote the rehabilitation of the offender.  To make the offender accountable for his/her actions.  To denounce the conduct of the offender.  To recognize the harm done to the victim of the crime and the community.

Rehabilitation  Idea that an offender’s behaviour can be changed through an opportunity to address social, psychological or psychiatric influences.  Examples: Drug or alcohol programs, anger management, employment to show improvement in behaviour.  Most important for young people.

Deterrence  To prevent further criminal activities by persuading either the individual/ group of offenders that punishment will be enforced.  Deterrence aimed at individual  specific or individual deterrence.  Deterrence aimed at a group (society)  general deterrence.  If the offender suffers from a mental illness, cognitive condition or is a juvenile deterrence will play a reduced role in sentencing.

Retribution  Recognition of harm done  Addresses the loss caused to the victim and community.  This is achieved by the court receiving a victim impact statement (VIS).  Although VIS is not evidence it assists the justice system by increasing the awareness of the effects of the crime. It also helps the victims feel that justice has been done.

Incapacitation  If the offender commits multiple crimes they may be considered unlikely to be rehabilitated or reformed.  Serves as a public statement that the behaviour constituting the offence will not be tolerated by society.  Reflects the community’s outrage and disapproval.

Reintegrative Shaming  System of punishment where the offender (usually first offender/young/ relatively minor crime) is shamed by meeting the victim, police, and a community representative.  The purpose is to rehabilitate but also shame the person socially and reintegrate them into society.  The circle determines the punishment with the offender (circle sentencing).  This punishment cannot be applied for some crimes (e.g. Sexual assault).  Reduces Recividism (repeat offending).