Transcript
If you’re found guilty, what happens at the actual sentencing hearing?
At a sentencing hearing, the prosecution will present the facts of the case and may call witnesses, such as victims, to give impact statements. The defence or your lawyers then presents material in mitigation, like references or expert reports. The judge or magistrate considers all this, along with appropriate sentencing laws, before deciding on your penalty. Sentences can include fines, community correction orders, or imprisonment. The process allows both sides to have their say before a final decision is made. The prosecutors don’t decide on your penalty; it’s for the court to decide.
This is general information only. If you’re heading to a sentencing hearing, get legal advice about how to best prepare.
Understanding the Sentencing Hearing Process in Victoria
If a court has found you guilty in Victoria, the next step is a sentencing hearing. In this video, we explain what happens during that process. We also explain how a judge or magistrate assesses the evidence and submissions. Both the prosecution and the defence get a chance to speak. Viewers learn what to expect at sentencing, including common outcomes like fines, community orders, or prison. The video also explains how to prepare with your lawyer and present mitigation effectively.
Understanding the Purpose of a Sentencing Hearing
In Victoria’s criminal justice system, a sentencing hearing follows a conviction or a guilty plea. The hearing does not decide guilt. The court has already determined that issue. Instead, the hearing focuses on what penalty fits the offence and your personal circumstances. The Sentencing Act 1991 (Vic) governs this process. Judges and magistrates must also apply established sentencing principles.
Sentencing serves several purposes. Courts punish offending conduct, but they also protect the community. They aim to deter future offending, encourage rehabilitation, and publicly denounce the behaviour. When setting a sentence, courts consider the seriousness of the offence. They also look at your criminal history, any remorse you show, and the impact on victims.
The Role of a Pre-Sentence Report
Before the hearing, the court may request a pre-sentence report. A Community Corrections officer prepares this report. It sets out your background, health, employment history, and support networks. The report helps the court understand you as a person, not just the offence. It can play a critical role in achieving a fair outcome.
What Happens During the Sentencing Hearing?
At the sentencing hearing, the prosecution outlines the facts of the offence. Prosecutors may also call witnesses, including victims, to read victim impact statements. These statements explain the real harm caused by the offending. The judge or magistrate can consider this material when assessing the seriousness of the sentence.
Prosecution Submissions and Victim Impact Statements
The prosecution presents the circumstances of the offence and any relevant evidence. Victim impact statements help the court understand the consequences of the offending on those affected.
Defence Submissions in Mitigation
The defence then presents submissions in mitigation. Your lawyer can draw attention to positive factors. These may include an early guilty plea, steps taken toward rehabilitation, or difficult personal circumstances. Mitigating material often includes character references, medical or psychological reports, and evidence that you have addressed the behaviour that led to the offence.
Sentencing Options Available in Victoria
Courts in Victoria can impose a wide range of sentences. In less serious matters heard in the Magistrates’ Court, penalties often include fines, community correction orders (CCOs), or short terms of imprisonment. The law places strict limits on sentencing powers in lower courts. For example, the Magistrates’ Court generally cannot impose more than two years’ imprisonment for a single offence.
Community Correction Orders (CCOs)
CCOs allow people to serve sentences in the community under strict conditions. These conditions may include unpaid community work, treatment programs, or curfews. If you breach a CCO, the court can cancel or vary the order and impose a different sentence.
Imprisonment for Serious Offences
In more serious cases heard in the County or Supreme Court, sentences can include lengthy imprisonment. For the most serious offences, such as murder, courts can impose life sentences.
Common Mistakes People Make at Sentencing
People often make avoidable mistakes at sentencing. Common errors include failing to provide strong mitigating evidence or not addressing the offence with genuine remorse. Some people also attend sentencing unprepared for prosecution submissions. Good legal advice matters. Your lawyer can ensure the court receives all relevant reports and references. They can also guide you on how to behave and speak in court.
What Happens After Sentencing?
After the judge or magistrate delivers the sentence, you may have appeal options. These options depend on whether legal grounds exist. Strict time limits usually apply. If the court imposes imprisonment, the court may take the time already spent in custody into account. Careful preparation and experienced representation at sentencing can significantly influence the outcome.
