Sentencing is just a way to punish peoples who have committed crimes.
There are different frameworks and based on those there are different sentencing procedures. Some of them are described below –
(a) The Legislative Framework
Sentencing is just a way to punish peoples who have committed crimes. Main purposes of sentencing are – ensuring the adequate punishment of the offender, preventing crime, protecting community, promoting rehabilitation, denouncing of offender’s conduct etc. Now that the purpose of sentencing have been cleared, let’s focus on the options for sentencing- rising of the court, dismissal and conditional discharge, bond, deferred sentence, fine, community service order, intensive correction order, home detention, suspended sentence, full time custodial imprisonment etc. Surprisingly, there is no death penalty for any committed offenses in New South Wales even in the rest of Australia.
For the dismissal and conditional discharges, there are certain facts that the court has to take into consideration. In case of fines, now the penalty unit is considered is $110 and fine must be a multiple of this amount. A good behavior bond will not exceed more than 5 years. Bond can be simultaneously imposed with a fine. A court can defer about passing the sentence up to 12 months period from the date of conviction. A court can impose A court can also go for ordering a community service to the accused which can be maximum up to 500 hours. And when the court decides to give a life imprisonment then there must be a three stage process.
If the sentence period is less than 18 months then an appeal can be made to serve the sentence as a home detention. Then the rest depends upon the jury. Again, when the detention period is less than 2 years, than the court can suspend the sentence considering the good behavior of the accused under some condition. If the bond is somehow broken by the accused, then a revocation of the suspension of the sentence can be done if the jury decides so. Again if the sentence period is less than 2 years, then the court can also allow the person to serve it as intensive correction order. For most offenses court sets a standard non-parole period during which the accused can’t leave the custody under parole.
(b) Objective Features
Objective factors are mainly the acts of the accused person or the offense itself and the intention to do the offense. Main purpose of the sentencing is to protect public from offenses being committed by offenders. While sentencing an accused, the court must take into account all the facts related and known to the court. There are some aggravating factors to be considered in this case.
(c) Particular Offenses
Maximum penalty for murder is life imprisonment. While penalty for manslaughter can be maximum for 10 years’ imprisonment. Driving dangerously and making any kind of accident leading to death of the victim can carry a maximum 3 year’s imprisonment. Assaulting police is also one kind of offense bearing significant penalty. Indecent assault can lead to a maximum 5 years’ imprisonment. Holding children pornographic videos carry severe penalty. For severe sexual assaults including child sexual assaults carries a maximum penalty of 16 years’ imprisonment and also sufficient amount of penalty unit as fine. There are also certain amount penalties and fines for offenses like kidnapping, armed robbery, car rebirthing, firearms offenses, escape and so on.
Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.