Where a person has pleaded guilty or is found guilty of a criminal offence, the Court then considers the appropriate sentence to be imposed on that offender.
In determining the appropriate sentence, the Court considers both the objective circumstances of the offending as well as the subjective case of the offender.
The Court must also consider the purposes of sentencing which are:
- To ensure the offender is appropriately punished
- To deter both the offender and the others from committing similar crimes in the future
- To protect the community from the offender
- To promote the rehabilitation of the offender
- To ensure the offender is accountable for their actions
- To denounce the behaviour of the offender
- To recognise the of the harm caused to the community and the victim as a result of the offending behaviour
There are a wide range of sentences the Court may impose. These include:
- Dismissals with no criminal conviction imposed
- Conditional Release Orders (CRO), with or without criminal conviction imposed
- Community Corrections Orders (CCO)
- Intensive Correction Orders (ICO)
- Full-time Imprisonment
How we can help
Hanna Legal has an outstanding record in sentencing proceedings, having appeared in some of Australia’s most high-profile cases over the last 12+ years.
Where a guilty outcome cannot be avoided, our criminal lawyers have extensive experience in preparing and advocating on behalf of clients to help achieve the best possible outcome.
- Advising on the process and the relevant law, including, Crimes (Sentencing Procedure) Act 1999 (NSW) and Crimes Act 1914 (Cth)
- Assisting in the preparation of both subjective and objective materials, including character references and letters of apology
- Instructing psychologists, psychiatrists and other medical experts to prepare reports
- Negotiating the statement of agreed facts with the prosecution
- Appearing as advocates and instructing barristers at sentence hearings