Commonwealth Sentencing: 'Principles and Practice'

1 Introduction to Part IB of the Crimes Act 1914 (Cth)

• How to use the Guide to Commonwealth Sentencing 'Principles and Practice'
• Legislation: Index of Provisions in Part IB of the Crimes Act 1914 (Cth)
• Table of Cases

2 General Sentencing Principles

• Sentencing Factors: s 16A(1) and (2)
• Totality Principle
• One Transaction Rule
• Double Punishment
• Taking Other Offences Into Account

3 Sentencing Options

• Options without Proceeding to Conviction
  • Dismissal of Charges: s 19B(1)(c)
  • Discharging the Person with Conditions: s 19B(1)(d)
  • Summary Disposition of Persons Suffering From Mental Illness or Intellectual Disability: s 20BQ
    
• Conditional Release after Conviction
  • Order and Recognizance following conviction: s 20(1)(a)
  • Order and Recognizance following sentence of imprisonment (conditional suspended sentence): s 20(1)(b))
    
• Fines
  
• Additional Sentencing Alternatives (eg. Community Based Orders)
  
• Custodial Sentence
  
• Hospital Orders
  
• Psychiatric Probation Orders
  
• Program Probation Orders
  
  

4 Discounts and Remissions

• Discount for Guilty Pleas
• Discount for Cooperation with Law Enforcement
• Remissions

5 Particular Issues in Sentencing

• Conditional Release on Parole or Licence
• Commencement and Pre-Sentence Custody
• Cumulative, Partly Cumulative and Concurrent Sentences
• Fixing Non-Parole Periods and Recognizance Release Orders
• Leave of Absence, Pre-Release etc...
• Mercy
• Multiple or Continuing Offences
• Victim Impact Statements

6 Categories of Federal Offenders

• Aboriginal and Torres Strait Islander Offenders
• Corporations
• Child or Young Person
• Offenders with Family and Dependants
• Offenders liable for Deportation
• Offenders with a Mental Illness or Intellectual Disability

7 Ancillary Order

• Order to Make Reparation
• Imposing Restrictions on Offenders

8 Commonly Prosecuted Federal Offences