A sentencing magistrate or judge must consider those facts which, in law, inform the court of the proper sentence to be handed down upon an offender.

The law regarding sentencing is provided in relevant case law and the Crimes (Sentencing and Procedure) Act 1999 (NSW).

Facts and factors material to sentencing include:

  • The objective seriousness of the offending.
  • Whether the offence was committed for financial gain.
  • Whether the offender committed further offences in addition to or combination with that offence in respect of which the offender must be sentenced.
  • Whether the offender has previous criminal convictions for same or similar offences.
  • Whether the offender has expressed genuine remorse for their offending.
  • Whether the offender was provoked by the victim.

In making submissions to a sentencing court a lawyer or barrister in effect argues to the court why, on the facts and relevant law, the accused should receive the sentence that the accused requests from the court.


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