Transcript
At sentencing, victims often have a say. The way that occurs is through something called a victim impact statement.
A victim impact statement is a written or spoken statement given to the court about how a crime has affected someone. It can cover emotional, physical, and financial impacts. The statement doesn’t decide the sentence, but judges must take it into account. They often are very powerful. It gives victims a voice in the process and helps the court understand the real-life consequences of the crime. While being powerful, it can also be confronting for both victims and accused. The process is voluntary — a victim chooses whether to provide a victim impact statement; they can say “no, i dont want to”. One can also provide it, saying, “I still have deep affection for that person”. It’s about the victim having a voice.
This is general information only. If you’re involved in a case, get advice from a lawyer about how the victim impact statements might affect the case.
Victim Impact Statements in Victorian Criminal Cases
This video explains how victim impact statements operate during sentencing in Victorian criminal cases. Many people want to know whether victims can speak in court, how judges use these statements, and whether they influence the final sentence. The video breaks down the role victim impact statements play in helping courts understand harm caused by an offence. It also explains why the process can feel confronting for everyone involved. This is essential viewing for anyone facing sentencing, supporting a victim, or trying to understand how Victorian courts assess real-world harm.
What Is a Victim Impact Statement?
In Victoria, sentencing involves more than identifying the offence and imposing a penalty. Courts must consider how criminal conduct affects real people. One of the main ways judges assess that harm is through a victim impact statement.
A victim impact statement allows a victim to explain how an offence has affected their life. This may include emotional distress, psychological injury, physical harm, or financial loss. The statement does not ask the court to impose a particular sentence. Instead, it gives the judge a clearer picture of the consequences flowing from the offence.
How Do Victorian Courts Use Victim Impact Statements?
Victorian law regulates victim impact statements through the Sentencing Act 1991 (Vic) and the Victims’ Charter Act 2006 (Vic). These laws require a sentencing court to consider a properly made statement. However, they do not allow a victim’s impact statement to control the outcome.
Sentencing Principles the Court Must Apply
Judges must still apply established sentencing principles. These include proportionality, deterrence, rehabilitation, denunciation, and community protection.
Can Victims Read Their Statement in Court?
Victims can provide their statement in writing or read it aloud in court. In serious cases, particularly in the County Court or Supreme Court, victims often choose to read their statements during the sentencing hearing. These moments can be emotionally powerful. Courts recognise this and work to balance the statement’s impact with procedural fairness for the accused.
Is Making a Victim Impact Statement Voluntary?
Importantly, the process remains voluntary. No law requires a victim to make a statement. Some people choose not to participate because revisiting the offence feels too distressing. Others decide to speak because they want the court to understand what happened to them. In some cases, victims also express forgiveness or ongoing care for the offender. The law allows for all of these positions.
How Do Victim Impact Statements Affect the Accused?
From the accused person’s perspective, victim impact statements can carry significant emotional weight. Hearing about the harm caused can affect how sentencing submissions unfold. Defence lawyers must review statements carefully.
What Information Can the Court Consider?
Courts only permit content that relates directly to the proven offence and its impact. Judges may exclude material that expresses opinions about punishment, includes unrelated allegations, or risks unfair prejudice.
Common Misunderstandings About Victim Impact Statements
People often misunderstand the role of victim impact statements. Some believe the statement guarantees a harsher sentence. That is incorrect. Others think a victim must participate in the process. That is also wrong. Another common mistake involves proceeding to sentencing without legal advice. Sentencing remains one of the most consequential stages of a criminal case.
When Should You Seek Legal Advice?
If you are a victim, early advice can help you decide whether making a statement is right for you. If you are facing sentencing, timely legal advice allows your lawyer to prepare properly and respond to any victim impact material. Clear preparation protects fairness and ensures the court applies the law correctly.
