Sentencing Options

Question 1

Regarding sentencing
S22 - Criminal Procedure Act
Relates to sentencing for guilty pleas.

What sentence discount can be afforded to a person who pleas guilty or indicated their intent to plea guilty during a matter?

Answer 1

The early plea discount is typically up to 25% off. But is dependant on the circumstances.

Question 2

Section 21A(2) of the Crim Procedure act relates to setencing for what sort of circumstances?

Answer 2

Circumstances of aggravation.

Question 3

Section 21A(3) of the Crim Procedure act relates to setencing for what sort of circumstances?

Answer 3

Circumstances of Mitigation

Question 4

In order to assist with the sentencing process; what can a court order?

Answer 4

A pre-sentence report

Question 5

What are the sentencing options for a criminal matter in accordance with the the Crimes (Sentencing procedure) act?

Answer 5

- Bonds; 
S9: good behaviour w/conviction
S10: good behaviour w/dismissal
S11: deferral for rehab & programs etc
 S12: suspended sentence

• A fine
• community service (up to 500 hrs)
• S7 periodic detention
• S76 home detention
• S17A non association orders

Question 6

Can the defence withdraw a guilty plea

Answer 6

It may be difficult - but yes: in circumstances of a miss-carriage of justice.

See R v Boag