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Sentencing

If a person is found guilty of an offence the Court must impose a sentence. The sentence must have one or more of the following purposes:

• Punishment;
• General deterrence - to discourage others from committing the same or similar offences;
• Specific deterrence - to discourage the offender from re-offending;
• Rehabilitation;
• Community protection

After taking into consideration all the circumstances of the case, including in some instances the impact upon the victims of the crime and the defendant's personal situation, the Magistrate has a number of options available when considering a penalty. Many of these sentences can be imposed with or without conviction.

 

Convict and order imprisonment

A person can be ordered to serve a term of imprisonment. In some circumstances where the defendant is under the age of 21, but at least 17, they can be ordered to be detained in a Youth Training Centre. The maximum term of imprisonment that a Magistrate can impose for a single offence is two years, except in certain prescribed offences where the maximum is three years. The maximum aggregate (total) sentence that can be ordered is five years.

 

Convict and order a Suspended Sentence

When imposing a term of imprisonment, a Magistrate may suspend all or part of the term for a period of up to 2 years. This means that the offender does not serve the suspended portion of the term immediately. However if the offender is found guilty of later offences during the period of suspension he or she may be required to serve the suspended portion.

 

Convict and order an Intensive Corrections Order (ICO)

Where a court convicts a person of an offence and is considering a term of imprisonment, the Court may impose a sentence of imprisonment of not more than 12 months and order that it be served by way of intensive correction in the community. The offender is placed under the control of a Community Corrections Centre and the order has a number of core conditions which must be imposed.

An ICO may also have other special conditions imposed.

Core conditions:

• to perform unpaid community work for 12 hours per week, or a minimum of 8 hours where drug, psychiatric, alcohol or other counselling is ordered
• to report within 2 days to the specified Community Corrections Centre and then at least twice a week every week for the period of the order
• not to commit another offence punishable by imprisonment whilst on the order
• to be under the supervision of a community corrections officer
• notify change of address within two days
• not to leave Victoria without permission

Special conditions

The Court can, if recommended by the Office of Corrections, require the offender to attend one or more specific programs designed to address the offending behaviour. Should the offender not comply with the order, or commit further offences during the period of the order, they may be charged with breaching the order. This could result in further penalties or imprisonment.

 

With or without conviction, order a Community Based Order (CBO)

This can be imposed when a person has been convicted of an offence punishable by imprisonment or a fine of more than $500. The offender is placed under the control of a Community Corrections Centre and the order must have core conditions and must have at least one of the various program conditions attached:

Core conditions:

• to report within 2 days to the specified Community Corrections Centre and report thereafter as lawfully directed by the officer
• not to commit another offence punishable by imprisonment whilst on the order
• notify change of address or employment within two days
• not to leave Victoria without permission

Program conditions:

• unpaid community work
• supervision
• attend for educational or other programs
• submit for testing for alcohol or drug use
• any other condition which the court sees fit (except order for payment of compensation, costs or damages)

 

With or without conviction, order a fine

A fine is a monetary penalty which can be imposed by the Court. The maximum amount must not exceed $24,000.

 

With or without conviction, adjourn the hearing on conditions

If the Court has found a matter proven, it may, with or without conviction, adjourn the case for a period of not more than 5 years. The person can enter into an undertaking on the conditions that they may be required to reappear before the Court on the return date if called upon, to be of good behaviour during the period of the bond, and any other special conditions that the Court thinks fit.

In making such an order, the court would consider:

• rehabilitation
• deterrence (general & specific)
• the trivial, technical or minor nature of the offence
• circumstances in which it is inappropriate to record a conviction
• circumstances in which it is inappropriate to inflict any punishment other than a nominal punishment
• allowance for the existence of extenuating or exceptional circumstances that justify the court showing mercy to an offender

Convict and discharge

A court may discharge a person whom it has convicted of an offence after taking into consideration the matters mentioned in the last paragraph.

 

Dismiss the charge

A court on being satisfied that a person is guilty of an offence may, (without recording a conviction), dismiss the charge for any of the reasons mentioned in the second last paragraph.

 

Order any other sentence or grant any application authorised by any other Act

A Magistrate also has the power to order any other sentence or grant any application required or provided by any Act. Such orders may include the suspension or cancellation of a Victorian Drivers Licence, order that compensation or restitution for damage to or loss of property or personal injury and order forfeiture and/or destruction of property seized.