CRIMES (SENTENCING) ACT 2005 - SECT 40A Pre-sentence report matters
CRIMES (SENTENCING) ACT 2005 - SECT 40A
Pre-sentence report mattersFor this part, each of the following is a pre-sentence report matter in relation to the offender:
(a) the offender's age;
(b) the offender's social history and background (including cultural background);
(c) the offender's medical and psychiatric history;
(d) the offender's educational background;
(e) the offender's employment history;
(f) the extent to which the offender is complying, or has complied, with any sentence;
(g) the offender's financial circumstances;
(h) any special needs of the offender;
(i) any courses, programs, treatment, therapy or other assistance that is available to the offender and from which the offender may benefit;
(j) any risk assessments made of the likelihood that the offender will commit further offences or of things (including circumstances) that may make the offender more likely to commit further offences;
(k) whether the offender—
(i) is addicted to, or misuses, alcohol or a controlled drug; and
(ii) has been assessed, treated or monitored by the court alcohol and drug assessment service under section 40B;
(l) the opinion of the assessor preparing a pre-sentence report for the offender in relation to an offence, and the basis for the opinion, about the following:
(i) the offender's attitude to the offence;
(ii) the need to protect victims of the offence from violence or harassment by the offender;
(iii) anything that may make the offender more likely to commit further offences;
Examples—par (iii)
1 dependence on alcohol or a controlled drug
2 a gambling addiction
3 association with particular people
(iv) the likelihood that the offender may commit further offences;
(v) whether it would be appropriate to refer the offender for restorative justice under the Crimes (Restorative Justice) Act 2004
.
Note See s 133E for additional pre-sentence report matters for young offenders.