Sentences:

There are different purposes of sentencing. The legislation pinpoints a number of purposes of sentencing:

• Ensure the offender is adequately punished for the offence;
• Deter the offender and other potential offenders from repeating the offence;
• Protect the community from the offender;
• Rehabilitate the offender; and
• Denounce the conduct of the offenders.

The above purposes are taken into account when imposing a sentence and so they will be important when looking at mitigation of sentence. You should obtain immediate legal advice before attending a sentencing hearing to ensure your interests are adequately protected.  Criminal lawyers are highly experienced in dealing with sentencing of defendants and criminal offenders and it is crucial that you speak to a criminal lawyer and obtain advice and assistance with representation at the sentencing hearing.

There are also a number of principles of sentencing when considering its purpose. The principles include:

• The principle of proportionately: the sentence imposed must be proportional to the offence; and
• The principle of totality: where more than one offence is being sentenced, the court should consider whether a sentence should be ordered concurrently or cumulatively for all offences.

For a list of some of the sentences available, refer to our “Penalties” section on our website.

Depending on the offence being tried, you may be entitled to mitigate the potential sentence to be imposed due to the circumstances of the case.

Examples of mitigating factors the Court may take into account include:

• The offender was provoked by the victim;
• The offender acted under duress;
• First time offender;
• The offender is of good character;
• The offender demonstrates remorse for their actions;
• Plea of guilty; and
• The offender has good prospects for rehabilitation.

Whether the above or other mitigating factors may be used will depend on the facts of the case and each offender. A specialist Criminal Lawyer can ensure that the relevant mitigating factors are presented at the sentencing hearing.

A plea of guilty attracts a significant discount in the sentence imposed, especially if the defendant has pleaded guilty at the first available opportunity. This is because a plea of guilty will avoid the need for a lengthy trial and allow the Court and prosecution to spend more time on higher priority cases. Further a plea of guilty shows that the offender shows remorse for his or her actions, very early in the matter.

Once a plea of guilty is entered, the sentence imposed will generally be assessed in the range of a ten to twenty-five per cent discount on sentence. The main consideration when determining on the discount to be given is the timing of the plea. The earlier the offender pleads guilty, the higher the discount for the plea.