Sentencing in the Local Court involves considerations most commonly specific deterrence and general deterrence. Specific deterrence is the Court providing a penalty that will effect the person being charged while general deterrence involves sending out a message to the community as a whole.
Commonly drink driving matters will involve a great deal of general deterrence saying to the community that drink driving will not be tolerated. There is a lot of pressure for Magistrates to make a conviction that will automatically involve the accused becoming disqualified.
Sentencing options can involve a fine, convictions that are not recorded, bonds, suspended sentences and up to two years gaol. Newer options involve periodic detention, intensive correction orders and occasionally matters are dismissed under mental heath provisions.
CRIMES (SENTENCING PROCEDURE) ACT 1999 – SECT 3A Purposes of sentencing
CRIMES (SENTENCING PROCEDURE) ACT 1999 – SECT 3A
Purposes of sentencing
3A Purposes of sentencing
(a) to ensure that the offender is adequately punished for the offence,
(b) to prevent crime by deterring the offender and other persons from committing similar offences,
(c) to protect the community from the offender,
(d) to promote the rehabilitation of the offender,
(e) to make the offender accountable for his or her actions,
(f) to denounce the conduct of the offender,
(g) to recognise the harm done to the victim of the crime and the community.