View / Download - County Court of Victoria

Court Focus on SentencingSentencing is a complex process. It requires theCourt to balance the interests of the community,the victims and their families, and the offenders.An important part of the Court’sThe Court sentences offenders fromThe Judge obtains comprehensiveThe appropriate sentence is arrivedcriminal jurisdiction is the sentenc-the age of 18 onwards and maypre-sentence reports from theat by operation of what the lawing of offenders, which occurs aftersentence offenders to non-custodialCommunity Corrections Service todescribes as the ‘instinctive synthe-a plea of guilty or a return of a guiltyand custodial dispositions.assist him or her in determining ansis’ of the sentencing Judge, basedverdict.The Sentencing Act 1991 requiresthe Court to impose a sentence that:• is intended to deter the offenderand other persons from committingthe same or similaroffences, known as specific andgeneral deterrence;• facilitates the rehabilitation ofoffenders and ensures they arepunished only to the extentjustified by the nature andgravity of the offences and theculpability and degree ofresponsibility for the offence;and• serves to denounce theoffender’s conduct.Sentencing is a complex process. Itrequires the Court to balance theinterests of the community, the victimsand their families, and theUnder the provisions of theSentencing Act, imprisonment is thedisposition of last resort. If theJudge determines imprisonment tobe the appropriate disposition, heor she fixes a sentence and determineswhether it ought to be suspended,either wholly or partially,and, if not, orders the sentence to beserved. Additionally, if applicable inall the circumstance of the case, theJudge fixes an appropriate nonparoleperiod.In determining the appropriatedisposition, the Judge hears submissionsfrom counsel for the Crownand counsel for the accused as to:• matters that may aggravate ormitigate the offending conduct;• the effect of the crime upon thevictim and, where appropriate,on the victim’s family; andoffender’s suitability for non-custodialdispositions.The Court fixes sentences withregard to the maximum penalty fixedby Parliament and current sentencingtrends. Sentencing dispositionsinclude:• non-conviction bonds andfines;• Community Based Orders;• Intensive Correction Orders;• Combined Custody andTreatment Orders;• wholly and partially suspendedsentences of imprisonment;• sentences of imprisonmentactually to be served; and• detention in a Youth TrainingCentre, which is ordered onlyafter an offender has beenassessed as suitable.upon the sentencing Judge’s considerationof all the relevant factors,including the nature and gravity ofthe offence. Since no two cases arethe same, the Judge deals with eachcase on its particular facts, andtherefore there is no ‘right’ sentence.This approach accounts fordifferent sentences being passed forthe same offence.Sentencing requires a thoughtfulapproach, free of bias, prejudice orundue sympathy for the partiesinvolved—it is a complex taskbut always the product of carefulconsideration of all relevant factsand subject to scrutiny by the Courtof Appeal.offenders. Sentences must be just• matters personal to the offender,and not crushing, so that thosehis antecedents and hisinvolved in the court process are notprospects for rehabilitation.left with a justified sense of grievance.Additionally, the Judge considers theoffender’s remorse and empathy forthe victim.2County Court of Victoria 2004–05 Annual Report