SENTENCING

Underlying sentencing principles
Retribution
Deterrence
Rehabilitation
The safety of the community
State offences
Divisional Penalties
Sentencing related definitions
Pleading guilty and the finding of guilt
Conviction
Sentence
The sentencing process
How a sentencing court informs itself
The presence of defendants during sentencing procedure
Sentencing considerations
The Criminal Law (Sentencing) Act 1988 (SA) sections 10, 10A, 10B and 10C
Aggravating factors
Mitigating factors
Specific discount for an early plea of guilty and cooperation with law enforcement
Character and antecedents of the defendant
Information about injury, loss or damage suffered by a victim
Victim impact statements
Pre-sentence reports
What the Court must not have regard to in Sentencing
Sentencing options
Sentencing for multiple offences
Reduction of minimum penalty
Substituting or adding penalties
Home Detention Orders
Trifling applications
Penalty without conviction
Examples of submissions
Situations where section 16 should be argued
Circumstances where the court will not usually invoke section 16
Pecuniary orders
Fines
Compensation Orders
Victims of Crime Levy
Court fees
Cost orders
Forfeiture Orders
Restitution of property
Community service
Restrictions on the performance of community service
Application to vary, revoke or extend a community service order
Breach of Community Service Order
Conversion to community service
Good behaviour bonds
Variation, revocation, discharge of bonds
Breaches of bonds
Education programs
Imprisonment
Suspended sentence of imprisonment
Partly suspended sentence of imprisonment
Suspended sentence with a home detention condition
Breach of suspended sentence
Intervention and Restraining Orders
After sentence
Reasons for sentence
Rectification of sentencing errors
Re-sentencing for failure to comply with an undertaking under s 10A Criminal Law (Sentencing) Act 1988 (SA)
Parole
The fixing of non-parole periods
Release on parole
Parole conditions
Breaches of parole
Breach of firearms conditions or condition not to commit an offence
Breach of other parole conditions
Apprehension and hearing for breaches
Sentence for offences committed whilst on parole
Release on home detention
Breaches of prison regulations
Appeals
Remission of sentence
Commonweath offences
Social security offences
Pleas for social security charges
Other Commonwealth matters
General sentencing options for Commonwealth offences
Discharge without recording a conviction
Record a conviction and release on a bond
Community service order (CSO)
Recording a conviction and imposing a sentence of imprisonment
Breach of recognisance release orders
Where the defendant is serving or subject to another sentence
Where the defendant is sentenced to Commonwealth and State offences
Setting non-parole periods for State and Commonwealth offences
Global penalty
Reparation orders
Sentencing appeals

The following chapter highlights factors relevant to the sentencing process and matters a duty solicitor should consider while preparing a matter for sentencing. This chapter should be read in conjunction with the previous chapter on Guilty pleas.

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