Commonwealth Consolidated Acts

CRIMES ACT 1914 - SECT 16A

             (1)  In determining the sentence to be passed, or the order to be made, in respect of any person for a federal offence, a court must impose a sentence or make an order that is of a severity appropriate in all the circumstances of the offence.

             (2)  In addition to any other matters, the court must take into account such of the following matters as are relevant and known to the court:

                     (a)  the nature and circumstances of the offence;

                     (b)  other offences (if any) that are required or permitted to be taken into account;

                     (c)  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;

                     (d)  the personal circumstances of any victim of the offence;

                     (e)  any injury, loss or damage resulting from the offence;

                      (f)  the degree to which the person has shown contrition for the offence:

                              (i)  by taking action to make reparation for any injury, loss or damage resulting from the offence; or

                             (ii)  in any other manner;

                     (g)  if the person has pleaded guilty to the charge in respect of the offence--that fact;

                     (h)  the degree to which the person has co‑operated with law enforcement agencies in the investigation of the offence or of other offences;

                      (j)  the deterrent effect that any sentence or order under consideration may have on the person;

                     (k)  the need to ensure that the person is adequately punished for the offence;

                    (m)  the character, antecedents, age, means and physical or mental condition of the person;

                     (n)  the prospect of rehabilitation of the person;

                     (p)  the probable effect that any sentence or order under consideration would have on any of the person's family or dependants.

          (2A)  However, the court must not take into account under subsection (1) or (2) any form of customary law or cultural practice as a reason for:

                     (a)  excusing, justifying, authorising, requiring or lessening the seriousness of the criminal behaviour to which the offence relates; or

                     (b)  aggravating the seriousness of the criminal behaviour to which the offence relates.

          (2B)  In subsection (2A):

"criminal behaviour" includes:

                     (a)  any conduct, omission to act, circumstance or result that is, or forms part of, a physical element of the offence in question; and

                     (b)  any fault element relating to such a physical element.

             (3)  Without limiting the generality of subsections (1) and (2), in determining whether a sentence or order under subsection 19B(1), 20(1) or 20AB(1) is the appropriate sentence or order to be passed or made in respect of a federal offence, the court must have regard to the nature and severity of the conditions that may be imposed on, or may apply to, the offender, under that sentence or order.

             (4)  For the purposes of a reference in this section to a family, the members of a person's family are taken to include the following (without limitation):

                     (a)  a de facto partner of the person;

                     (b)  someone who is the child of the person, or of whom the person is the child, because of the definition of child in section 3;

                     (c)  anyone else who would be a member of the person's family if someone mentioned in paragraph (a) or (b) is taken to be a member of the person's family.