A sentencing Hearing takes place after you have entered a plea of guilty or are found guilty. There are a range of factors which the Judge must take into account when sentencing including punishment, protecting the community and rehabilitation.

Our experienced Criminal Lawyers can ensure a judge takes into account your personal circumstances, employment, family and psychological history in sentencing you and that any sentence you receive is not excessive or unjust. We can also advise you as to whether or not any sentence should be appealed and the likelihood of your success on appeal.

Call one of our experienced Criminal Law solicitors for free initial advice on your circumstances on (02) 9525 8688.

The Law

There are a number of purposes of sentencing:

• to ensure that the offender is adequately punished for the offence,
• to prevent crime by deterring the offender and other persons from committing similar offences,
• to protect the community from the offender
• to promote the rehabilitation of the offender,
• to make the offender accountable for his or her actions,
• to denounce the conduct of the offender,
• to recognise the harm done to the victim of the crime and the community.

The options available to the court in sentencing include:

• Bond
• dismissal and conditional discharge
• rising of the court
• deferred sentence
• fine
• community service order
• intensive correction order
• home detention
• suspended sentence
• full time custodial imprisonment

Imprisonment should only be ordered when there is no other appropriate form of punishment. The court may also impose a penalty but defer the sentence, which is known as a suspended sentence. Some jurisdictions have maximum sentences that can be imposed. The Local Court cannot impose a penalty of longer then two years for one offence.

During the sentencing process the court may exercise something known as Griffiths Remand, which is where the court will defer passing a sentence for a period of up to 12 months so that the offender can be assessed for rehabilitation.

Another form of rehabilitation programme that may be imposed on an offender is a community service order. S 8 of the Crimes ( Sentencing Procedure) Act 1999 a court can impose a community service order of up to 500 hours.

Sentences can be applied concurrently or cumulatively. Concurrent sentencing is a method by which your time in custody for multiple offences can be significantly reduced by having more than one sentence run at the same time.

As rehabilitation is a major factor for the Court to consider in sentencing it is important that you are properly advised as to rehabilitation programmes and the operation of the Drug Court and the Magistrates Early Referral Into Treatment Program (MERIT).

The Drug court, under the Drug Court Act 1998 is given power to hear matters regarding those accused who have committed offences and are currently dependant on prohibited drug. There are however criteria that must be fulfilled in order to fall within the Courts Jurisdiction. The main advantage of having your case referred to the Drug Court is that it has the authority to send accused to programs which seek to diminish their dependence on the prohibited drug.

The MERIT program is available to aid offenders with illicit drug use programmes who meet the criteris set out in the legislation and are not charged with violent offences. The MERIT system is a complex issue so it is recommended that you speak to a solicitor if you have any questions regarding it.

For further information call one of our experienced Criminal Law solicitors for some free initial telephone advice on (02) 9525 8688