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This is legal information only and is not a substitute for legal advice. If you wish to take any action arising from matters raised, you should consult a lawyer.
There are lots of reasons why people may get lighter or heavier sentences than someone else who has committed the same crime.
Firstly, when a judge or magistrate decides what sentence to give someone for a crime, they have to balance lots of competing considerations and principles, including some that are explicitly listed in legislation like the Victorian Sentencing Act 1991 before deciding the penalty.
Reasonable minds might have different opinions as to what the appropriate sentence is in a case. It is not as simple as a mathematical exercise, and we can’t know exactly how much weight they put on every factor.
Secondly, the judge or magistrate has to think about the offending itself and the nature and seriousness of the crime before arriving at the sentence.
Two different people might commit the same offence, such as assault, but this offence may have been carried out in different circumstances, which impacts the overall seriousness of the assault.
Thirdly, the judge or magistrate has to consider the matters that relate to the offender. Each offender who is sentenced is unique, and that has to be taken into account. This includes things like any prior criminal history, age, personal circumstances and story, their prospects of rehabilitation and whether they have experienced childhood deprivation or are living with mental health conditions.
When two people have committed the same crime together in the same case, the judge or magistrate might sentence them to different sentences because they had different roles in the crime and/or have different personal circumstances.
For example, one offender may have a longer criminal history or may have contested the matter at trial, meaning they may receive a longer sentence. The other offender may have a shorter criminal history and may have pleaded guilty to the crime, meaning they would likely receive a shorter sentence.
There are lots of reasons why people may get lighter or heavier sentences than someone else who has committed the same crime.
Firstly, when a judge or magistrate decides what sentence to give someone for a crime, they have to balance lots of competing considerations and principles, including some that are explicitly listed in legislation like the Victorian Sentencing Act 1991 before deciding the penalty.
Reasonable minds might have different opinions as to what the appropriate sentence is in a case. It is not as simple as a mathematical exercise, and we can’t know exactly how much weight they put on every factor.
Secondly, the judge or magistrate has to think about the offending itself and the nature and seriousness of the crime before arriving at the sentence.
Two different people might commit the same offence, such as assault, but this offence may have been carried out in different circumstances, which impacts the overall seriousness of the assault.
Thirdly, the judge or magistrate has to consider the matters that relate to the offender. Each offender who is sentenced is unique, and that has to be taken into account. This includes things like any prior criminal history, age, personal circumstances and story, their prospects of rehabilitation and whether they have experienced childhood deprivation or are living with mental health conditions.
When two people have committed the same crime together in the same case, the judge or magistrate might sentence them to different sentences because they had different roles in the crime and/or have different personal circumstances.
For example, one offender may have a longer criminal history or may have contested the matter at trial, meaning they may receive a longer sentence. The other offender may have a shorter criminal history and may have pleaded guilty to the crime, meaning they would likely receive a shorter sentence.
Strip searching is a security practice purportedly used by prison authorities to prevent drugs and other contraband from entering prisons.
This guide doesn’t assume fair treatment, but it hopes to offer some tools to help you navigate online court while in prison.
The federal election is coming up. It happens about every three years. It’s for electing the government for the whole country – the federal government.
Through these articles, we provide information on relevant areas of law. This first article provides basic information to make it easier for family and friends to support you. There are differences in the ways the systems operate depending on where you’re located (VIC, NSW, ACT or TAS), so we hope this is useful and relevant to where you are.
Your security classification impacts which prison you are placed in and the level of security that is imposed on you.
Wrongdoing thrives in the darkness. Too often, it is only because of brave people who speak out that the public learns what is happening in the shadows.
You got this letter to say that your visa has been cancelled due to your offending. This means you no longer hold a visa.
If you are charged with breaking a rule in prison, this can result in disciplinary action, in addition to potential criminal charges.
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Help us get About Time off the ground. All donations are tax deductible and will be vital in providing an essential resource for people in prison and their loved ones.
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