Chapter 5.3 Flashcards
Fines
What is a fine?
A fine is an amount of money ordered by the court to be paid by the offender to the state of Victoria.
The amount of the fine will often depend on the maximum penalty that may be imposed for a
certain offence, which is normally stated in the statute setting out that offence.
Determining the amount of the fine
Under the Sentencing Act, when determining the amount of a fine, the court must consider:
- Financial circumstances: The offender’s ability to pay and the impact of the fine on them.
- Other orders: Any existing orders related to the offender’s property, compensation, or amends, with preference given to orders for property restoration or victim compensation over fines.
- Property damage: Any loss, destruction, or damage to property caused by the offence.
-Benefit to the offender: The value of any benefit the offender gained from the offence.
What happens if a fine cannot be paid or is not paid?
A court can adjust or discharge a fine if the offender’s circumstances change significantly. If an offender cannot pay the fine, it can be converted into community work under certain conditions. If the fine is not paid, various enforcement actions can be taken, including community work, property seizure, or imprisonment as a last resort.
Circumstances for varying or discharging a fine
- The offender’s financial situation has substantially changed.
- The fine can be converted into community work if:
- The offender is no longer able to pay the fine.
- The fine is 100 penalty points or less.
Enforcement actions for non-payment
- Warning notices may be issued.
- The offender may be required to complete up to 500 hours of community work.
- Property may be seized to satisfy the fine.
- Imprisonment may be imposed as a last resort (1 day per unpaid penalty unit, up to 24 months), but only if no other suitable option is available and the offender has no reasonable excuse for non-payment.
Sentencing purposes
of fines
The two main purposes of imposing a fine are
punishment and deterrence, though denunciation
could also be achieved by fining an offender.
Rehabilitation and protection are less relevant
for fines.
Punishment purpose of fines
depending
on the financial
circumstances of an
offender, fines can serve to
punish by requiring them to
pay money to the state.
Factors to consider when assessing the ability of fines to achieve the purpose of punishment
> Financial Circumstances:
- The fine should be substantial enough to act as a punishment, considering the offender’s financial situation.
- A fine too low may not be punitive; a fine too high may be unpayable and lead to further offences.
Amount of the Fine:
- Generally, the fine should be significant enough to burden the offender, but can be adjusted based on the offender’s financial and social circumstances and the nature of the offence.
Type of Offender
- Where a company is fined, the people
who are responsible for the company’s offending may not suffer any impact unless
Payment and Enforcement:
- Unpaid fines must be enforced to ensure they serve as an effective punishment.
Specific deterrence purpose of fines
depending on the financial
circumstances of an
offender, fines can serve
to specifically deter by
requiring them to pay
money to the state.
Factors to consider when assessing the ability of fines to achieve the purpose of specific detterence
- The financial circumstances of an offender and their ability to pay. As with punishment,
the amount of a fine needs to be high enough to have an impact on the offender and
therefore deter them from committing further crimes, - The amount of the fine. Generally, the fine must be high enough to impose a burden on the offender, - Whether the offender is a person or a company. Where a company is fined, the people
who are responsible for the company’s offending may not be deterred as it is not
them who has to pay. - Whether the fine is paid and/or enforced. An unpaid fine that is not enforced may not act as a specific deterrent, as it has no ultimate impact on the offender’s financial
circumstances.
General deterrence purpose of fines
fines
can also act as a general
deterrence by discouraging
other members of the
public from committing
a similar offence
because they can see the
consequence of offending
(i.e. know they will be
required to pay a sum of
money).
Factors to consider when assessing the ability of fines to achieve the purpose of general deterrence
- The amount of the fine and individual circumstances: Larger fines are more likely to deter the community, but effectiveness depends on personal situations.
- Fine enforcement: Community members may be less deterred if they believe there are no consequences for not paying.
- Public awareness of the sentence: Fines are easily understood, and their deterrent effect depends on public knowledge. Media and online platforms can help increase awareness, as seen with WorkSafe’s publications on workplace safety fines.
Denunciation purpose of fines
fines
can also act as a form
of denunciation (i.e. a
clear public declaration
that certain acts
and behaviours are
unacceptable).
Factors to consider when assessing the ability of fines to achieve the purpose of denuction
- The nature of the offence and the fine imposed. A larger fine (e.g. a level 2 fine) may send a stronger message of disapproval than a smaller fine
- enforcement of the fine: If a fine is not enforced, the message of disapproval it conveys may be weakened. Enforcing the fine strengthens the message that the behaviour is unacceptable.
rehabilitation purpose of fines
rehabilitation is less
relevant as a purpose in
relation to a fine, as it is
not intended to address
underlying causes of
behaviour.
