Sentencing of offenders: Factors a court considers

Statutes
Laws made by parliament eg:
Criminal Law Sentencing Act

 

+

Section 10 of the Criminal Law Sentencing Act [1988] sets out matters that a court should have regard for and includes:

  • The circumstances of the offences
  • Other offences
  • Personal circumstances of the victim[s] (eg. Victim Impact statement )
  • Any injury, loss or damage resulting
  • Degree of contrition of offender
  • If offender admitted guilt
  • How co-operative the offender has been
  • Adequate punishment
  • Character, criminal history, age, means, physical mental condition of the offender
  • Rehabilitation of offender
  • Probable affect on dependents of the offender
  • Any other relevant matter
  • The deterrence component of the penalty

 

+

Sentencing Information
The court may consider

  • reports eg. medical, pre-sentence
  • references
  • Information outlining injury or damage suffered by the victim of an offence.
  • victim impact statements
  • Other relevant information

 

+

Section 11 Offenders may only be imprisoned if they:

  • Show a tendency towards violence to others
  • Likely to commit a serious offence if freed
  • Have previously committed crimes for which they could have been imprisoned
  • The nature and seriousness of the crime makes other penalties inappropriate

 

+

A court may suspend a sentence of imprisonment [s38] if good reasons exist eg:

  • Offender has a chance of rehabilitation
  • Offender a young first offender
  • The nature of the offence
     
    THIS IS STILL A SENTENCE OF IMPRISONMENT LIKELY TO BE SERVED IF THE OFFENDER FAILS TO COMPLY WITH ANY CONDITIONS OF THE GOOD BEHAVIOUR BOND OR COMMITS ANOTHER OFFENCE

 

+

Precedent
Sentences imposed in previous similar cases.

 

V

SENTENCE

 

Appeal Process:
In certain circumstances a sentence can be reviewed by a higher court

 

View the single sheet flyer (PDF)

 

South Australian Law Courts Education Program