11. CRIMINAL DIVISION – SENTENCING 11.1 Sentencing principles & sentencing orders 11.1.1 11.1.2 11.1.3 11.1.4 Sentencing models Sentencing of adults Sentencing of children Some general sentencing principles 11.1.4.1 General deterrence is not applicable as a sentencing principle in ChCV 11.1.4.2 Powers of the Supreme Court and County Court in sentencing a child 11.1.4.3 Principle of Proportionality – Relevance of other convictions 11.1.4.4 Principle of Totality 11.1.4.5 Community correction orders under Part 3A of the Sentencing Act 1991 11.1.5 Sentencing orders – Sentencing hierarchy 11.1.6 The community supervisory orders detailed and compared 11.1.7 Power to impose an aggregate sentence of YRC/YJC detention under the CYFA 11.1.8 Restitution/Compensation/Costs 11.1.9 Additional orders including disqualification & forfeiture 11.1.9.1 Disqualification 11.1.9.2 Incompatibilty of diversion and licence cancellation/suspension 11.1.9.3 Forfeiture and other orders 11.1.10 Struck out 11.1.11 Children’s Court has no direct power to impose community work/service 11.1.12 Order for forensic procedure on finding of guilt 11.1.13 Sentencing of children for Commonwealth offences 11.1.14 Sentencing powers of Supreme Court or County Court 11.1.15 Relevance to sentencing of agreement between Crown and defence 11.1.16 Procedural fairness 11.1.17 Relevance of United Nations Convention on the Rights of the Child 11.1.18 Sentencing for conspiracy compared with sentencing for completed offence 11.1.19 Offending in a custodial setting is a relevant sentencing consideration 11.1.20 Vigilantism 11.2 Selected cases on sentencing 11.2.1 11.2.2 11.2.3 11.2.4 11.2.5 11.2.6 11.2.7 11.2.8 Young adults & children sentenced under the Sentencing Act Children and young persons sentenced under the CYPA & CYFA Sentencing hierarchy Factual basis of sentencing – Relevance of uncharged acts Purpose of a Youth Justice Centre sentence [formerly YTC] Parity of sentencing Double jeopardy Effect of guilty plea, remorse, admission of offence, assistance to authorities 11.2.8.1 Remorse 11.2.8.2 Discount for guilty plea and/or admission of offence 11.2.8.3 Assistance to authorities (Informer’s discount) 11.2.8.4 Undertaking to give evidence against co-accused 11.2.9 Relevance of risk to offender’s safety while in custody / Relevance of protective custody 11.2.10 Effect of forgiveness by the victim 11.2.11 Effect of mental illness / mental disorder / intellectual disability 11.2.11.1 Cases prior to R v Verdins (2007) 16 VR 269 11.2.11.2 R v Verdins (2007) 16 VR 269 & later cases 11.2.11.3 Effect of intellectual disability 11.2.11.4 Effect of personality disorder 11.2.12 Effect of deprived/disadvantaged background 11.2.13 Effect of ill health and/or age 11.2.14 Effect of delay 11.2.15 Relevance of gambling addiction 11.2.16 Relevance of drug addiction 11.2.17 Relevance of intoxication 11.2.18 Relevance of hardship on offender's family 11.2.19 Relevance of Aboriginality 11.2.20 Relevance of recall or risk of recall by Parole Board Produced by former Magistrate Peter Power for the Children's Court of Victoria Last updated 04 March 2022 11.1 11.2.21 Relevance of likely forfeiture under the Confiscation Act 11.2.22 Sentencing for manslaughter / defensive homicide / attempted murder / murder 11.2.22.1 Sentencing for manslaughter 11.2.22.2 Sentencing for defensive homicide [now abolished] 11.2.22.3 Sentencing for attempted murder 11.2.22.4 Sentencing for murder 11.2.22.5 Sentencing for statutory murder 11.2.22.6 Sentencing for being accessory to murder 11.2.23 Sentencing for culpable driving / dangerous driving causing death/serious inj. 11.2.24 Sentencing for intentionally / recklessly / negligently causing serious injury, intentionally / recklessly causing injury, affray/riot & reckless endangerment 11.2.24.1 Sentencing for intentionally causing serious injury / intentionally causing serious injury in circumstances of gross violence 11.2.24.2 Sentencing for recklessly causing serious injury 11.2.24.3 Sentencing for negligently causing serious injury 11.2.24.4 Sentencing for intentionally causing injury / recklessly causing injury 11.2.24.5 Sentencing for affray/riot 11.2.24.6 Sentencing for reckless endangerment / recklessly exposing emergency worker to risk by driving 11.2.25 Sentencing for drug trafficking / cultivation / importation etc 11.2.26 Sentencing for armed robbery / robbery / agg carjacking / carjacking 11.2.26.1 Sentencing for armed robbery / robber