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Criminal Penalties - Deferral of Sentencing

Criminal Lawyers Melbourne

A Magistrate can defer sentencing for a person over 18 but under 25. A deferral of sentence is useful for allowing a young person to get their life back on track before the actual

Section 83A of the Sentencing Act gives the Magistrate the following powers;

(1) If the Magistrates' Court finds a person guilty of an offence and-

  • (a) the offender is, at the time of the finding, aged 18 years or more but under 25 years of age; and
  • (b) the Magistrates' Court is of the opinion that sentencing should, in the interests of the offender, be deferred; and
  • (c) the offender agrees to a deferral of sentencing- the Magistrates' Court may defer sentencing the offender for a period not exceeding 6 months.

To ensure that you receive the lowest possible penalty, contact Doogue & O'Brien on 03 9670 5111.

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