Sentencing

If a defendant pleads guilty or is found guilty, the magistrate or judge may decide on the sentence at the end of the hearing or trial, or adjourn the proceedings and set a date for a sentence hearing.

Sentence hearing

At a sentence hearing:

• the defence lawyer or the defendant can highlight anything that may help lighten the sentence, such as their financial, employment or personal circumstances
• the prosecutor also speaks about the crime, the defendant or the relevant laws and suggests a suitable sentence
• the prosecution may present the magistrate or judge with a written victim impact statement from the victim, which explains the personal effects of the crime.

After considering everything, the magistrate or judge decides how the law should be applied and hands down a sentence.

Sentencing

When deciding on a sentence matters taken into account include:

• the seriousness of the crime
• the effect on the victim
• the extent to which the offender is to blame for the offence
• the defendant’s personal circumstances and criminal history
• whether the defendant cooperated with the police
• whether the defendant had counselling for any problems that contributed to their offence
• submissions from the prosecutor and defence lawyer
• the laws that guide sentences
• sentences given in similar cases in the past.

The type of sentence depends on the seriousness of the crime and the judge and magistrate must give reasons for the sentence.

Sentences may include:

• recognisance, which means the offender must guarantee not to re-offend during a stated period of time
• fines for less serious offences instead of jail, which may be enforced by the department’s State Penalties Enforcement Registry
• community service, which is unpaid community work under the direction of community corrections officers
• a probation order for up to three years, where the offender must not re-offend or penalties will apply. They are supervised by a corrective services officer who makes sure the offender meets any conditions such as treatment or counselling
• restitution, which is money the offender has to pay the victim to compensate them for any harm, injury or damage caused
• an intensive correction order for a person who has received a sentence of up to 12 months' imprisonment, which involves unpaid community service and probation