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Sentencing

Primary and secondary sentencing purposes
State offences
Divisional Penalties
Sentencing related definitions
Pleading guilty and the finding of guilt
Conviction
Sentence
The sentencing process
How a sentencing court informs itself
The presence of defendants during sentencing procedure
Sentencing considerations
The Sentencing Act 2017 (SA) sections 9, 10 and 11
Aggravating factors
Mitigating factors
Discount for early guilty pleas
Discount for cooperation with law enforcement for serious and organised crime
Character and antecedents of the defendant
Information about injury, loss or damage suffered by a victim
Victim impact statements
Pre-sentence reports
Serious firearms offenders
Serious repeat offenders
Sexual predators
Sentencing standards for offences involving child sexual abuse
Matters affecting sentence
Sentencing for multiple offences
Reduction of minimum penalty
Substituting or adding penalties
Trifling applications
Penalty without conviction
Penalties
Imprisonment
Home detention orders
Intensive correction orders
Suspended sentence of imprisonment
Good behaviour bonds
Community service
Pecuniary orders
Fines
Compensation Orders
Victims of Crime Levy
Court fees
Cost orders
Forfeiture Orders
Restitution of property
Intervention and Restraining Orders
After sentence
Reasons for sentence
Rectification of sentencing errors
Re-sentencing for failure to comply with an undertaking under s 37 of the Sentencing Act 2017 (SA)
Parole
The fixing of non-parole periods
Release on parole
Parole conditions
Breaches of parole
Breach of condition not to commit an offence
Breach of other parole conditions
Parole and Terror Suspects
Apprehension and hearing for breaches
Sentence for offences committed whilst on parole
Release on home detention
Breaches of prison regulations
Appeals
Remission of sentence
Commonweath offences
Social security offences
Pleas for social security charges
Other Commonwealth matters
General sentencing options for Commonwealth offences
Discharge without recording a conviction
Record a conviction and release on a bond
Community service order (CSO)
Recording a conviction and imposing a sentence of imprisonment
Breach of recognisance release orders
Where the defendant is serving or subject to another sentence
Where the defendant is sentenced to Commonwealth and State offences
Setting non-parole periods for State and Commonwealth offences
Additional requirements for Commonwealth child sex offences
Global penalty
Reparation orders
Sentencing appeals

This chapter highlights factors relevant to the sentencing process and matters a duty solicitor should consider while preparing a matter for sentencing. This chapter should be read in conjunction with the previous chapter on Guilty pleas.

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