Sentencing in Victoria is governed by legislation (laws made by parliament) and common law (laws made by the courts). Parliament defines what an offence is and the maximum penalty that can be imposed on a person convicted of an offence. The courts are independent of parliament, and they interpret and apply law within the framework determined by parliament.
Administrative entities involved in sentencing include agencies that run correctional services, such as prisons and youth detention centres. Correctional services are also responsible for the supervision of offenders sentenced to community correction orders. The Adult Parole Board and Youth Parole Board are independent of Parliament and the courts and decide whether a person should be released on parole and supervise those who are granted parole.
A person in Victoria may be charged and convicted under Victorian and Commonwealth law, and Victorian courts can sentence both Victorian and Commonwealth offences. When sentencing for a Commonwealth offence, a Victorian court is required to apply the Commonwealth sentencing framework under part 1B of the Crimes Act 1914 (Cth).
The most important aspects of sentencing are addressed in the Sentencing Act 1991, including:
Sentencing decisions are based on the following principles established in legislation and common law:
When sentencing adults, the only purposes for which a sentence may be imposed, as specified in section 5(1) of the Sentencing Act 1991, are:
While just punishment and denunciation focus on the gravity of an offender’s past conduct, rehabilitation, deterrence and community protection, address the likelihood of future behaviour.
The Sentencing Act 1991 (Vic) lists a broad range of sentencing factors that must be considered in determining what sentencing purposes should take priority in a case and what sentence should be imposed to achieve those purposes.
Section 5(2) sets out the following sentencing factors:
A range of sentencing types (sentencing orders) are available under the Sentencing Act 1991 (Vic) for adults and young people found guilty of an offence.
For adults in Victoria, sentences available to the courts include:
Diversion programs and non-convictions may be available in some circumstances, and if the offence occurred before 2014, a suspended sentence may be available.
For children and young people aged between 10 and 21, available sentences include:
The law distinguishes between child and young offenders, though the terms are often used interchangeably.
The court may also impose orders in addition to sentence (or ancillary orders). Such orders include:
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