Chapter 5 Sentencing

imprisonment

a sanction that involves removing the offender from society for a stated period of time and placing them in prison

deterrence

one purpose of a sanction, designed to discourage the offender and others in the community from committing similar offences

aggravating factors

facts or circumstances about an offender or an offence that can lead to a more severe sentence

community correction order (CCO)

a flexible, non-custodial sanction (one that does not involve a prison sentence) that the offender serves in the community, with conditions attached to the order

concurrent sentence

a sanction that is to be served at the same time as one or more other sentences; usually given in relation to two terms of imprisonment

conviction

a finding of guilt made by a court, whether or not a conviction is recorded. Where a conviction is recorded, it will form part of the person’s criminal record

cumulative sentence

where two sentences are imposed, and are to be served one after the other; for example a term of imprisonment is to be commenced after the first term is served

denunciation

one purpose of a sanction, designed to demonstrate the community’s disapproval of the offender’s actions

fine

a sanction that requires the offender to pay an amount of money to the state

general deterrence

an amount of money that one party is ordered to pay to another party to compensate for losses that are not easily quantifiable (e.g. pain and suffering)

guilty plea

when an offender formally admits guilt, which is then considered by the court when sentencing

indefinite sentence

a term of imprisonment that has no fixed end date, usually given to the most serious offenders

mitigating factors

facts or circumstances about the offender or the offence that can lead to a less severe sentence

non-parole period

the minimum term a prisoner must serve before they are can be given parole

parole

the supervised and conditional release of a prisoner after the minimum period of imprisonment has been served

protection

one purpose of a sanction, designed to safeguard the community from an offender by preventing them from committing a further offence (e.g. by imprisoning the offender)

punishment

one purpose of a sanction, designed to penalise (punish) the offender and show society and the victim that criminal behaviour will not be tolerated

recidivism

re-offending; returning to crime after already having been convicted and sentenced

rehabilitation

one purpose of a sanction, designed to reform an offender in order to prevent them from committing offences in the future

remand

the situation where an accused is kept in custody until their criminal trial can take place

sanction

a penalty (e.g. a fine or prison sentence) imposed by a court on a person guilty of a criminal offence

specific deterrence

one purpose of a sanction, designed to discourage the offender from committing further offences

victim impact statement

a statement filed with the court by a victim that is considered by the court when sentencing. It contains particulars of any injury, loss or damage suffered by the victim as a result of the offence