What will happen at my sentence?

• If you are found ‘guilty’ your matter will be listed for a ‘sentence hearing.’ This is sometimes called a ‘plea hearing.’
• You should obtain any information you want the judge or magistrate to consider before the sentence hearing. This includes:
  • character references from people who know you well such as your employer or teacher;
  • letters from your doctor if you have been suffering from any medical condition;
  • letters from your employer explaining why you may need your vehicle for work purposes.
• If you ask someone to write a reference or letter to use in court it is important that you tell them why you need it and about the offence you have been charged with. The references and letters will carry more weight with the magistrate if you do.
• References for job applications and doctor’s certificates for sick leave will not help your case.
• For a repeat offender who may be facing imprisonment the court may order a pre-sentence report. This means someone from Community Corrections will interview you and advise the court whether you are suitable for a community based sentence.
• In deciding on sentence (penalty) the court will take into account:
  • the factual circumstances of the offence;
  • your personal circumstances including any references or letters;
  • your criminal history;
  • any Victim Impact Statements; and
  • any recommendations made in a pre-sentence report.
• Each state and territory has different penalties for criminal offences. The penalties available to the court are set out in the law applicable to the offence you are charged with.
• In most states and territories the sentences available for criminal offences include:
  • a fine;
  • a good behaviour bond;
  • a community corrections order including unpaid community work;
  • home detention;
  • periodic detention;
  • a suspended term of imprisonment; and
  • an immediate term of imprisonment.