Legal Sentencing Procedure
One of the most important stages in achieving justice for the offender, victim and society is known as sentencing and punishment. It is always difficult to find the balance between the offender, victim and society so that equality and natural justice can be achieved. Three areas where this can be seen are in the purpose of punishment, factors affecting a sentencing decision and types of penalties. Protection of society and the rights of the individual will be clearly seen and discussed in the essay
The purpose of punishment is paramount for the protection of society. Sentencing is traditionally the means in which the state and the community punish the offender for the crime they have committed. For a sentencing to occur the judge or magistrate may try to fulfil punishment objectives such as: incapacitation which is needed to protect society by removing the offender from society. Deterrence which tries to inhibit an individual offender as well as sending a message to the community that criminal behaviour is unacceptable and will be punished. Rehabilitation which tries to change the behaviour of the offender so that they will not re-offend. Retribution can be seen as the most important factor in sentencing. The impact of the crime will reflect on society, thus retribution encompasses the notion that the punishment should fit the crime. This is the most important factor of sentencing. The judge or magistrate has to consider the particular sentence to provide for the accused. THE CRIMES (SENTENCING PROCEDURES) ACT 1999 (NSW) lays down the allowable purpose of sentencing in s 3A of the act, this act is cost efficient to society and requires no additional resources to enforce its guidelines. An example of the purpose of punishment incapacitation, deterrence, rehabilitation and retribution is evident in the case Regina v Milat February 1998 where Ivan Milat was sentenced seven consecutive life sentences plus eighteen years. The punishment was given primarily on
The purpose of punishment is paramount for the protection of society. Sentencing is traditionally the means in which the state and the community punish the offender for the crime they have committed. For a sentencing to occur the judge or magistrate may try to fulfil punishment objectives such as: incapacitation which is needed to protect society by removing the offender from society. Deterrence which tries to inhibit an individual offender as well as sending a message to the community that criminal behaviour is unacceptable and will be punished. Rehabilitation which tries to change the behaviour of the offender so that they will not re-offend. Retribution can be seen as the most important factor in sentencing. The impact of the crime will reflect on society, thus retribution encompasses the notion that the punishment should fit the crime. This is the most important factor of sentencing. The judge or magistrate has to consider the particular sentence to provide for the accused. THE CRIMES (SENTENCING PROCEDURES) ACT 1999 (NSW) lays down the allowable purpose of sentencing in s 3A of the act, this act is cost efficient to society and requires no additional resources to enforce its guidelines. An example of the purpose of punishment incapacitation, deterrence, rehabilitation and retribution is evident in the case Regina v Milat February 1998 where Ivan Milat was sentenced seven consecutive life sentences plus eighteen years. The punishment was given primarily on