Criminal Law: Drugs - Guides
Drugs
13. Sentencing
Firm / Chambers:
Last updated: 21 Jul 2015
- In deciding upon sentence the court must adhere to the law in the relevant state or territory.
- The maximum penalties for drug offences are fixed by law.
- Imprisonment is usually the last resort unless the offence is serious enough to make imprisonment mandatory.
- Sentencing laws in each state may use the following to decide on a penalty or sentence:
- the circumstances of the offence;
- other offences that are to be taken into account;
- whether or not the offence is part of a pattern of behaviour of similar criminal acts;
- the personal circumstances of any victim;
- any injury, loss or damage resulting from the offence;
- the degree to which the offender has shown remorse or made up for the offence;
- whether or not the offender has pleaded guilty to the offence from the start;
- the extent to which the offender has cooperated police;
- protection of the community;
- deterring the offender and others from engaging in similar behaviour;
- just punishment for the offence;
- circumstances personal to the offender including:
- previous character;
- criminal history;
- age;
- family background; and
- any physical or mental impairment;
- the rehabilitation of the offender;
- the probable impact of the sentence on family members of the offender; and
- any other relevant matter.
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