Proportionality (principle of proportionality): A sentencing principle that prohibits a court from ordering a punishment that is more severe than is appropriate for the gravity of the offence. Prosecution: A legal proceeding against an accused for a criminal offence. Prosecutions are brought by the Crown (through the Director of Public Prosecutions or police prosecutors), not the victim. Remand: To place an accused in custody pending further court hearings dealing with the charges laid against them. Remorse: Regret for past actions. Reoffending: Returning to or repeating criminal behaviour. Also known as recidivism. Restitution: An order under the Sentencing Act 1991 (Vic) requiring an offender (or any other person in possession or control of stolen property) to return the stolen property, return the proceeds of the sale of stolen property, or to make payment of a sum of money up to the value of the stolen property. Sanction: A penalty or sentence. Sentence: The penalty that the court imposes on a person who has been found guilty of an offence. Sentence indication: An indication from a magistrate hearing proceedings for a summary offence, or an indictable offence triable summarily, of the type of sentence that will be imposed if the accused pleads guilty, or an indication from a judge hearing proceedings for an indicatable offence of whether the accused would be likely to receive a sentence of imprisonment if they plead guilty. Sentencing factors: The factors that the court must take into account when sentencing. Sentencing hierarchy: All possible sentences available to courts arranged in order from the most severe to the least severe.
Proportionality (principle of proportionality): A sentencing principle that prohibits a court from ordering a punishment that is more severe than is appropriate for the gravity of the offence. Prosecution: A legal proceeding against an accused for a criminal offence. Prosecutions are brought by the Crown (through the Director of Public Prosecutions or police prosecutors), not the victim. Remand: To place an accused in custody pending further court hearings dealing with the charges laid against them. Remorse: Regret for past actions. Reoffending: Returning to or repeating criminal behaviour. Also known as recidivism. Restitution: An order under the Sentencing Act 1991 (Vic) requiring an offender (or any other person in possession or control of stolen property) to return the stolen property, return the proceeds of the sale of stolen property, or to make payment of a sum of money up to the value of the stolen property. Sanction: A penalty or sentence. Sentence: The penalty that the court imposes on a person who has been found guilty of an offence. Sentence indication: An indication from a magistrate hearing proceedings for a summary offence, or an indictable offence triable summarily, of the type of sentence that will be imposed if the accused pleads guilty, or an indication from a judge hearing proceedings for an indicatable offence of whether the accused would be likely to receive a sentence of imprisonment if they plead guilty. Sentencing factors: The factors that the court must take into account when sentencing. Sentencing hierarchy: All possible sentences available to courts arranged in order from the most severe to the least severe.
A_Quick_Guide_to_Sentencing_2018.docx