Purposes of sanctions

Purposes of sanctions

Deterrence - to discourage the offended from reoffending and to discourage others who might consider offending. 

Rehabilitation - to correct anti-social behaviours and replace them with more desirable behaviours. 

Denunciation - to demonstrate society’s disapproval of the offence. 

Punishment - To give the offender a negative experience, as a result of their negative behaviour. 

Protection - To limit the likelihood that the offender will be able to harm other members of the community

Types of sanctions

Least Severe

Dismissal without conviction

• Applies when the judge feels there is insufficient evidence to support a conviction. 

Discharge with conviction

• Applies when there is guilt but it is felt that a penalty is not warranted.  

Adjourned undertaking (with or without conviction)

• Applies where there is an opinion that a ‘second chance’ is warranted, with supervision. 

Moderaltely severe

Fines

• Expressed in penalty units, to keep up with inflation. 

• Is a punishment and deterrent, without impacting on the individual’s freedom. 

• Has a very disproportionate impact, depending on the individual. Will not be a deterrent for the wealthy. 

• Denunciation effect only really works when reflecting community values - a lot view fines as ‘revenue raising’ for the govt.

Community Corrections Orders - CCOs

• Non-custodial but supervised in the community. 

• Aims to be somewhat ‘tailored’. (consider equality vs fairness here)

• Can be up to 2 years in MCt and up to 5 in CCt and SCt.

• Can be combined with a term of imprisonment.

• In 2016 legislation passed to restrict types of offences

  • Cannot get CCO for Category 1 offence

  • Can only get CCO for Category 2 offences in limited situations. 

• CCOs focus on rehabilitation, in the hope of lowering recidivism. It may also be a punishment, and a deterrence. 

Drug Treatment Order

• Part of the orders of drug court. 

• Can include participation in drug treatment and drug screens.

• Primary focus is rehabilitation.

Most severe

• Youth residential centre order or Youth justice centre order:

• Residential = under 15

• Justice centre = 15+

• Focus is on punishment, deterrence, protection and rehabilitation. 

• Court Secure Treatment Order:

• Order that the person is detained and held in a treatment facility. 

• Focus on rehabilitation and protection (cf. non secure treatment option

• Imprisonment:

• Level 1 to 9, with 1 being the most serious and having a maximum of life. 

• Any time on remand counts toward the sentence. 

• Will have a ‘non-parole’ period.  

• Can be concurrent (1 + 2 + 5 years = 5 years) or cumulative (1 + 2 + 5 years = 8 years. Cumulative is therefore more serious and is also the more common option. 

• Can be an ‘aggregate’ sentence, which means that, even though there were multiple offences, the sentence isn’t apportioned. Would be an issue if you successfully appealed one of many convictions. 

• Indefinite sentences may be imposed for community protection. Very uncommon. 

• Primary purpose of imprisonment is to punish as deprivation of liberty is seen as the harshest penalty we give in modern society (given we no longer support corporal or capital punishment). 

• Is highly protective of society as generally cannot commit further crimes in jail. 

• Is thought of as a deterrent but evidence actually shows it has little effect. 

• May also offer some hope of rehabilitation.