Victorian Consolidated Legislation

Sentencing Act 1991 - SECT 1

PART 1 PRELIMINARY

Purposes

1. Purposes

The purposes of this Act are-

   (a)  to promote consistency of approach in the sentencing of offenders;

   (b)  to have within the one Act all general provisions dealing with the
        powers of courts to sentence offenders;

   (c)  to provide fair procedures-

   (i)  for imposing sentences; and

   (ii) for dealing with offenders who breach the terms or conditions of their
        sentences;

   (d)  to prevent crime and promote respect for the law by-

   (i)  providing for sentences that are intended to deter the offender or
        other persons from committing offences of the same or a similar
        character; and

   (ii) providing for sentences that facilitate the rehabilitation of
        offenders; and

   (iii) providing for sentences that allow the court to denounce the type of
        conduct in which the offender engaged; and

   (iv) ensuring that offenders are only punished to the extent justified by-

                (A)  the nature and gravity of their offences; and

                (B)  their culpability and degree of responsibility for their
                     offences; and

                (C)  the presence of any aggravating or mitigating factor
                     concerning the offender and of any other relevant
                     circumstances; and

   (v)  promoting public understanding of sentencing practices and procedures;

   (e)  to provide sentencing principles to be applied by courts in sentencing
        offenders;



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   (g)  to provide for the sentencing of special categories of offender;

   (h)  to set out the objectives of various sentencing and other orders;

        (i)    to ensure that victims of crime receive adequate compensation
               and restitution;

   (j)  to provide a framework for the setting of maximum penalties;





   (k)  to vary the penalties that may be imposed in respect of offences under
        the Crimes Act 1958;

   (l)  generally to reform the sentencing laws of Victoria.