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Drugs

13. Sentencing

Authors: Robert Bailey
Firm / Chambers:
Last updated: 21 Jul 2015
    13. Sentencing
  • 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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