1. CRIMINAL SANCTIONS 1. The Purpose of Sanctioning
2. The Types of Sanctioning
3. Factors in sentencing
4. Reforms – Community Correction Orders

2. Sanctions
If the accused is found guilty, the judge or magistrate must decide on an appropriate sanction.
The courts are guided in determining a sentence by principles set out in Acts of Parliament.
These principles attempt to ensure that sanctions:
express the disapproval of the community for the actions of the offender
match the culpability of the offender
provide for rehabilitation.
These are the purposes of sanctions.

3. Imprisonment is a last resort.
The Sentencing Act
Just punishment – to punish the offender in a manner that is just.
Deterrence – to deter the offender or others from committing the same or a similar offence.
Rehabilitation – to establish the conditions that would alter or modify the behaviour of individuals.
Denunciation – to demonstrate the court’s condemnation of the particular type of behaviour.
Community protection – to protect the community.
Imprisonment is a last resort.

4. Factors in sentencing
In determining an appropriate sanction, the court should take the following into account:
the maximum penalty for the offence – which is set out in the Act where the particular offence is defined
current sentencing practices
the nature and gravity of the offence – the types of factors a judge or magistrate might consider when weighing up the nature and gravity of the offence include:
circumstances of aggravation
the offender’s intention and the consequences of the offence
method
motive
use of weapons
any breach of trust
how common the offence is

5. Factors in sentencing cont.
the offender’s culpability and degree of responsibility for the offence – in this area a judge or magistrate may consider the offender’s:
history of prior offending
age, gender and cultural background
response to previous court orders
mental disorders, if relevant
alcohol or drug addiction
gambling problems
personal crises
the impact of the offence on any victim of the offence
the personal circumstances of any victim of the offence
any injury, loss or damage resulting directly from the offence
whether the offender pleaded guilty to the offence
the presence of any aggravating or mitigating factors
the offender’s previous character.

6. Sentencing guidelines
The Sentencing (Amendment) Act 2003 empowers the Court of Appeal to give guideline judgements for sentencing.
A guideline judgement sets out guidelines for other courts to consider in sentencing an offender.
The Sentencing (Amendment) Act 2003 also established the Sentencing Advisory Council. The Sentencing Advisory Council provides advice to the Court of Appeal on guideline judgements.
The Sentencing Advisory Council also conducts research into community attitudes on sentencing and reports on sentencing statistics.

7. Hierarchy of sentencing
Most serious
Imprisonment
Suspended sentence (limitation)
Drug Treatment Order
Community Correction Order
Fine, with or without recording a conviction
Release the offender, adjourning the hearing and imposing conditions, with or without recording a conviction
Discharge, dismiss or adjournment
Least serious

8. FINES Fines are the most common penalty imposed for any offence.
A fine imposes a monetary penalty on an offender. A court can impose a fine either with or without recording a conviction.
In determining the amount of the fine and costs, the court must take into consideration, among other things, the financial circumstances of the offender.
Usually an Act sets a maximum fine or penalty.
Fines are expressed as a number of penalty units.

9. Community Correction Orders (CCOs)
A CCO is a flexible order served in the community. The order can also include up to three months in jail or a fine.
From early 2012, the Community Correction Order will replace a number of sentencing orders, such as intensive correction orders and community-based orders.
A CCO can be imposed for a maximum of two years. In the higher courts, a CCO can be imposed for up to the statutory maximum term of imprisonment for that offence.

10. CCOs cont.
Offenders sentenced to a CCO must abide by basic conditions, such as not reoffending, not leaving Victoria without permission, and abiding by any order of the Secretary of the Department of Justice.
Each CCO will also include at least one other ‘optional’ condition chosen according to the purposes of sentencing for that offender and that offence.

11. CCOs cont.
Optional conditions that may be attached to a CCO for all or part of its duration can require the offender to:
undertake medical treatment or other rehabilitation
remain free of alcohol and/or drugs
not enter, remain within or consume alcohol in a licensed premise (hotel, club, restaurant)
complete unpaid community work up to a total of 600 hours
be supervised, monitored and managed by a corrections worker
abstain from contact or association with particular people (e.g. their co-offenders)
live (or not live) at a specified address
stay away from nominated places or areas
abide by a curfew, remaining at a specified place for two to 12 hours each day
be monitored and reviewed by the court to ensure compliance with the order
pay a bond – a sum of money that may be forfeited wholly or partly if the offender fails to comply with any condition imposed.

12. CCOs cont. Intensive compliance Justice plans
An offender who breaches the conditions of their CCO may be re-sentenced for the original offence and face an additional three months imprisonment or a fine of 30 penalty units. Optional conditions may be imposed for only part of a CCO. The court may fix a part of the total length of the CCO as an ‘intensive compliance period’ during which one or more of the conditions must be completed.
Intensive compliance
If a court imposes a Community Correction Order of six months or longer, the court can set an intensive compliance period for part of the order. For example, if a Community Correction Order is imposed for one year, an intensive compliance period might be fixed for a lesser period, such as six months.
The court will order that one or more of the conditions attached to the Community Correction Order must be completed during this intensive compliance period.
Justice plans
For intellectually disabled offenders, the court may also attach a ‘justice plan’ as a condition of sentence. Justice plans are prepared by the Department of Human Services, specifying treatment services recommended to reduce the chances of reoffending. 

13. SUSPENDED SENTENCES
Record a conviction and suspend a sentence of imprisonment.
Requires the offender to be of good behaviour and not reoffend during the period of the suspension. If the offender complies with the conditions, the term of imprisonment does not have to be served.
If the offender fails to meet the conditions, the original sentence and an additional penalty may be imposed.
A sentence can be suspended for up to two years in the Magistrates’ Court and three years in the County or Supreme Courts.
A sentence can either be wholly or partly suspended.
Cannot be used in some serious offences.

14. SUSPENDED SENTENCES cont.
Changes to the law in late 2010 and early 2011 now mean that suspended sentences cannot be given in the Supreme or County Court for 'serious' or 'significant' offences committed after 1 May 2011.
Serious and significant offences include:
murder and manslaughter
rape and other serious sexual offences
intentionally causing serious injury and recklessly causing serious injury
armed robbery
aggravated burglary
arson and arson causing death
commercial drug trafficking.

15. IMPRISONMENT
Imprisonment removes an offender from the community and denies them their liberty.
This is considered to be the most severe sanction.
The Sentencing Act recognises that imprisonment should be used as a last resort.
Prison is seen as a way to protect the community as well as punish the offender. Some would argue that imprisonment also acts as a deterrent. Programs offered within prison aim to provide for the rehabilitation of offenders.
The Sentencing Act 1991 establishes levels of imprisonment.

16. TYPES OF PRISON SENTENCES
Concurrent sentences
A concurrent sentence means that where the offender has committed more than one offence, the sentence for each offence can be served at the same time.
Cumulative sentences
Cumulative sentences are usually applied only for serious offences and if the offender has a long history of offending. A cumulative sentence means that each term of imprisonment is added together to form a total period of imprisonment.
Serious offenders
A serious offender includes an offender who has repeatedly committed arson, or a serious drug or sexual offence. When sentencing a serious offender the court will consider the protection of the community from the offender as the principal purpose for which the sentence is imposed. To achieve that purpose, the court may impose a longer sentence.
Serious sex offenders
Serious sex offenders must serve multiple jail terms consecutively, except in exceptional circumstances. A serious sex offender is defined as anyone sentenced to jail for two or more sex offences.
Indefinite detentions
Indefinite jail sentences can be imposed for offences such as murder, manslaughter or sex offences. The offenders serves their full sentence, after which their sentence is reviewed by a judge. If the judge decides at this stage that the offender is still a danger to the community, the offender will be returned to jail for another three years. After this time has elapsed the case is reviewed once more.