Sentencing

Man Getting a Deferral of Sentence

Deferral of Sentence

Deferral of Sentence There are many sentencing options available to a Judge or Magistrate when a person pleads guilty to criminal offences in Court. The sentencing process itself involves the consideration and weighing of many factors,1 and often competing principles...

The Bugmy Bar Book Project and Sentencing Principles

The Bugmy Bar Book Project and Sentencing Principles In sentencing hearings, criminal defence lawyers routinely represent vulnerable people who have committed crimes in the broader context of significant personal hardship. The case of Bugmy v The Queen1 (‘Bugmy’) established sentencing...

Gavel

Criminal Records and Spent Convictions

This article was first published on 26 October 2022. The enactment of the Spent Convictions Act 2021 (Vic) means that certain findings of guilt may now become spent. Please read our articles about spent convictions to read more about the...

Man Facing Family Hardship to Go Through Sentencing

Family Hardship and Sentencing in Victoria

Family Hardship and Sentencing in Victoria When a person is sentenced to a term of immediate imprisonment, the impact on their family – children, parents, siblings – is profound. While the courts can give weight to the hardship a person’s...

Justice Scale

Chris Dawson – The Teacher’s Verdict

Chris Dawson – The Teacher’s Verdict The handing down of Justice Harrison’s verdict in the murder trial of Chris Dawson has gripped the nation. While most of us probably did not watch the entire judgment, handed down orally by his...

Pregnancy, Children, and Prisons

Pregnancy, Children, and Prisons Pregnant women and mothers of infant children who are being sentenced for criminal offences pose a particularly challenging and emotive set of factual circumstances. There are any number of reasons why women may be sentenced for...

Sentencing Book

Standard Sentences: What They Mean and How They are Applied

Standard Sentences: What They Mean and How They are Applied The Standard Sentence Scheme was introduced in Victoria by the Sentencing Amendment (Sentencing Standards) Act 2017 (Vic) in February 2018. This amendment essentially abolished the former Sentencing Amendment (Baseline Sentences)...

Gavel

How Sentencing Actually Works Versus How the Public Think Judges Get It Wrong

How Sentencing Actually Works Versus How the Public Think Judges Get It Wrong Generally, the police or the Director of Public Prosecutions are responsible for determining what criminal charges a person will face based on available evidence. Statistics suggest that...