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Factors in Sentencing

In addition to considering the general purposes of punishment, a judge or magistrate must also take into account the factors contained in section 5 of the Sentencing Act 1991 when sentencing an offender:

• the maximum penalty for the offence – which is set out in the Act where the particular offence is defined
  
• current sentencing practices
  
• the nature and gravity of the offence - the types of things a judge or magistrate might consider when weighing up the nature and gravity of the offence include:
  • circumstances of aggravation
    
  • the offender’s intention and the consequences of the offence
  • method
  • motive
  • entrapment
  • the offender’s degree of participation
  • use of weapons
  • any breach of trust
  • how common the offence is
• the offender’s culpability and degree of responsibility for the offence - in this area a judge or magistrate may consider the offender’s:
  • history of prior offending
  • age, gender, and cultural background
  • response to previous court orders
  • mental disorders, if relevant
  • alcohol or drug addiction
  • gambling problems
  • personal crises
• the impact of the offence on any victim of the offence
• the personal circumstances of any victim of the offence
• any injury, loss or damage resulting directly from the offence
• whether the offender pleaded guilty to the offence
• the presence of any aggravating or mitigating factors
• the offender’s previous character.

Section 6 of the Sentencing Act 1991 states that in determining the character of an offender a court may consider:

• the number, seriousness, date, relevance and nature of any previous findings of guilt or convictions of the offender
• the general reputation of the offender
• any significant contributions made by the offender to the community.