Sentencing options in the Magistrates' Court of Victoria

The Sentencing Act 1991 contains the sentencing options for adults in all courts. All references in this part of the guide are to that act unless otherwise indicated. The sentencing options can be divided into two categories non-custodial and custodial.

The purposes of sentencing are set out in s 5.  These purposes provide the framework for your submissions on plea – everything you put to the Magistrate should be directed to one or more of the following: 

• Just punishment; 
• Specific and general deterrence;
• Denunciation;
• Facilitation of rehabilitation; and 
• Protection of the community.

Section 5 also sets out the matters which a court is to consider when imposing sentence, which are of course the matters which you should attempt to address on your plea:

• Maximum penalty; 
• Current sentencing practices; 
• Nature and gravity of the offences; 
• Offender’s culpability and degree of responsibility; 
• Impact of the offence on the victim; 
• Personal circumstances of the victims; 
• Injury, loss, or damage resulting from the offending; 
• Whether the offender pleaded guilty and the stage of the proceedings they did so or indicated they would do so; 
• The offender’s previous character (which includes prior offences, general reputation, significant contributions to the community – s 6); and 
• Any aggravating or mitigating factors concerning the offender or of any other relevance circumstance.

For a confidential consult about any police or criminal law matter please telephone
(03) 8742 3199 to make an appointment or email us at info@rigolilawyers.com.au