1. Sanctions and Outcomes

2. Legislation
The Sentencing Act 1991 (Vic) is the key legislation guiding sentencing in Victoria. It sets out:
the purpose of sentencing
the hierarchy of sentencing options (organised from least severe to most severe)
the factors a court considers when sentencing.

3. Other important legislation guiding sentencing
Crimes Act 1958 (Vic), which identifies the most serious offences (indictable offences) and states the maximum terms of imprisonment. Summary Offences Act 1966 (Vic) sets out summary offences (less serious offences). Drugs, Poisons and Controlled Substances Act 1981 (Vic) Identifies drug-related offences and their maximum penalties Road Safety Act 1986 (Vic) sets out driving offences.

4. Double Jeopardy Rule
No person shall be tried twice for the same offence.
Criminal Proceudre Amendment (Double Jeopardy and Other Matters) Act 2011 created exceptions to this rule:
Allows DPP to apply to Court of Appeal for an order to set aside a previous acquittal and authorise the continuation of the prosecution of the charge
Fresh and compelling evidence (DNA?)
Accused confesses to the crime
Key witnesses found to have given false evidence
Trial tainted (juror intimidated or bribed)

5. Criminal Sanctions Purposes of criminal sanctions Punishment
Retribution for society – revenge against the offender
Allows the victim and society to feel avenged
Deterrence
Discourage the offender (specific deterrence) or other people (general deterrence) from committing similar crimes
Rehabilitation
Assist offenders to change attitudes and be treated
Denunciation
Shows the disapproval of the court of the conduct
Protection
Care for the community/society by removing the offender
or keeping them busy
For young offenders, rehabilitation is the principal consideration, as identified in the Children, Youth and Families Act 2005 (Vic).

6. Factors Considered in Sentencing
Mitigating factors
Aggravating factors
Guilty pleas
Specified sentence discount
Victim Impact Statements
Factors Considered in Sentencing
Mitigating factors are evidence about the offender or the circumstances of the crime which may reduce the sentence, such as:
The offender was an accessory to the crime (helped the main offender) but not the main actor.
The offender showed remorse for the crime.
No one was hurt or likely to be hurt during the crime.
The offender had minor or no criminal history.
The offender pleaded guilty and co-operated with police.
Aggravating factors are evidence about the offender or the circumstances of the crime which may increase the sentence, such as:
The offender has a criminal record.
The nature of the crime was particularly cruel.
The offender used a weapon.
Guilty pleas or intentions to plead guilty must be taken into account when sentencing. They are treated as mitigating factors and can result in a reduced sentence. A plea of guilty may be taken into account through either a specified sentence discount or a sentence indication. A guilty plea may be taken as a sign of remorse. In addition, a guilty plea can also save the community the considerable cost of conducting a full trial and reduce delays in our court system. An early guilty plea will also spare victims and witnesses the potential trauma of giving evidence.
The specified sentence discount scheme allows a judge or magistrate to impose a less severe sentence when the offender pleads guilty. In 2008, an amendment to the Sentencing Act required courts to provide a ‘specified sentence discount’. The court will state what penalty would have been imposed (the overall sentence and the non-parole period) for the offence had the offender not pleaded guilty, and the final discounted sentence that recognises that the offender did plead guilty.

7. Other Factors the Courts May Consider
Offender’s personal circumstances: the offender’s character, previous behaviour, cultural background, age, physical and mental condition are all likely to be considered.
Victim’s circumstances: the victim’s age and vulnerability (due to physical or mental impairment) may affect the sentence.
Offender’s family and dependants: only in exceptional circumstances will the court consider the impact of the sentence on the offender’s family or dependants.
The maximum penalty for the offence: this is set out in the relevant legislation.

11. Prison Sentence Options