MATTERS AFFECTING SENTENCE

Whether the defendant pleads guilty or is found guilty after a trial, the factors to which the court should have regard in deciding the penalty are still the same [Criminal Law (Sentencing) Act 1988 s 10]:

the circumstances of the offence
other offences (if any) that are to be taken into account
if the offence forms part of a course of conduct consisting of a series of criminal acts of the same or a similar character - that course of conduct
the personal circumstances of any victim of the offence
any injury, loss or damage resulting from the offence
the need to protect the community
depending on the nature of the offence any policy considerations that are relevant e.g. arson or bushfire, home invasion (the need to protect the security of lawful occupants) or sexual offences committed against a child (paramount consideration to be given to general deterrence)
the fact that the offence was committed by an adult and witnessed by a child
the degree to which the defendant has shown their remorse by taking action to make reparation for any injury, loss or damage resulting from the offence; or in any other manner
the fact that defendant has pleaded guilty to the offence
the degree to which the defendant has co-operated in the investigation of the offence
the deterrent effect any sentence under consideration may have on the defendant or other people
the need to ensure that the defendant is adequately punished for the offence
the character, social background, age, means and physical or mental condition of the defendant
the rehabilitation of the defendant including if the defendant has participated in any rehabilitation program and their achievements but not participating or their failures in programs can not be
the probable effect any sentence under consideration would have on dependants of the defendant
any other relevant matter.

Under section 20B, the court must also consider whether a defendant should be declared a serious repeat offender. A serious repeat offender is someone who has committed a serious offence and sentenced to immediate goal (see section for details but the maximum sentence must be over five years gaol) on more than three occasions, unless it is a sexual offence involving children under the age of 14, then it is two offences. Such a declaration will affect the sentence imposed. This means that the court is not bound to ensure that the sentence it imposes is proportional to the offence and the non-parole period must be at least four-fifths the length of the sentence.

There are also provisions for sexual predators who have been found guilty of certain offences and are incapable of controlling or unwilling to control their sexual instincts. The court if it find this is the case can impose an indeterminate sentence. [s23]

A sentencing court must take into account any relevant sentencing guidelines set by the Full Court under section 29A, although it is not bound to follow a guideline if, in the circumstances of the case, there are good reasons for not doing so.