The Sentencing Act 1991 (Vic) & How It Applies To You

Aug 20, 2019 | Jay & Co

When you are charged with an offence and plead guilty you receive a penalty contained in the Sentencing Act 1991 (Vic) (‘sentencing act’)

The purpose of the sentencing act is so that there is transparency in sentencing offenders. So that there are fair procedures in place for sentencing offenders and for those who contravene the law.

The purpose of the sentencing act is to allow all the sentences available to courts to be contained in one act.

Some other purposes of the sentencing act is prevent crime and promote respect for the law by providing for sentences that allow the punishment and deterrence of the offender or others who may be thinking of engaging in the same or similar crimes.

Another purpose is to provide for sentences that denounce the crime, so that it is commonly known that the crime is not accepted in our society.

The sentencing act provides for sentences that allow the rehabilitation of an offender to reduce recidivism.

The sentencing act purposes provide for sentences that are also proportionate and justified, so that any mitigating or aggravating feature is taken into account.

The sentencing act purposes include to allow for victims of crime to receive adequate compensation, and to aid the public understanding of sentencing practices and to allow for sentencing principles to be applied practically in courts.

The only purposes for which a sentence can be imposed are:

To punish the offender to an extent that is justified in all the circumstances

To denounce the conduct of the offender

To deter others from engaging in the same or similar conduct

To provide a situation for which rehabilitation can take place

To protect the community

Or a combination of the above

For more information or to query how this applies to your particular circumstances, please contact us at Jay & Co Barristers and Solicitors.