If you have pleaded guilty or been found guilty of a criminal offence in Victoria, the next step is sentencing. Sentencing is the process by which the court determines the appropriate penalty for the offending. It is not a mechanical exercise — the judge or magistrate must weigh a range of competing considerations and arrive at a sentence that reflects the seriousness of the offence, your individual circumstances, and the purposes that the sentence is meant to achieve.

At Angus Cameron and Partners, we appear at plea hearings and sentencing proceedings across the Magistrates' Court, County Court, and Supreme Court of Victoria every day. This guide explains how sentencing works in Victoria and what the court takes into account.

The Purposes of Sentencing (Victoria)

Victorian law sets out the purposes for which a sentence can be imposed. A sentence must be directed at one or more of the following:

  • Just punishment — ensuring that the sentence reflects the community's expectation that serious conduct deserves serious punishment;
  • Deterrence — both general deterrence (discouraging others from offending) and specific deterrence (discouraging you from reoffending);
  • Rehabilitation — recognising the public interest in supporting offenders to address the causes of their offending and reintegrate into the community;
  • Denunciation — communicating, through the type or duration of the sentence, society's condemnation of the conduct; and
  • Community protection — protecting the public from further offending.

No single purpose dominates. The sentencing judge or magistrate must weigh these purposes against each other in light of the specific circumstances of the offending and the offender. Reasonable minds can differ on what the right sentence is in any given case — this is the principle known as instinctive synthesis.

The Principles of Sentencing (Victoria)

In addition to the purposes of sentencing, the court is guided by a number of core principles:

Proportionality

The sentence must be proportionate to the objective gravity of the offending. A sentence that is grossly disproportionate to the seriousness of the conduct is an error.

Parsimony

The court must impose the least severe sentence that gives effect to the relevant sentencing purposes. If a community correction order achieves what a term of imprisonment would achieve, imprisonment should not be imposed.

Totality

Where an offender is being sentenced for multiple offences, the total sentence must be a just reflection of the overall criminality. It should not be crushing, and it should not be so lenient as to fail to reflect the full extent of the offending.

Parity

Where co-offenders are sentenced, like cases should be treated similarly. If you have a justifiable sense of grievance about the disparity between your sentence and that of a co-offender, that may be a ground of appeal.

What the Court Takes Into Account (Victoria)

In determining the appropriate sentence, the court must have regard to a range of factors, including:

  • the maximum penalty for the offence and any standard sentence;
  • current sentencing practices for the type of offending;
  • the nature and gravity of the offence;
  • your culpability — the degree to which you are personally responsible for the offending;
  • the impact on any victim, including injury, loss, or damage;
  • the stage at which you entered a guilty plea; and
  • any aggravating or mitigating factors.

Aggravating factors are circumstances that make the offending more serious — for example, targeting a vulnerable victim, or offending while on bail. The prosecution must prove any aggravating factor beyond reasonable doubt.

Mitigating factors are circumstances that reduce the seriousness of the offending or warrant a lesser sentence — for example, genuine remorse, personal hardship, or a mental health condition that contributed to the offending. Mitigating factors are established on the balance of probabilities.

Recording a Conviction

In exercising its discretion whether to record a conviction, the court must have regard to the nature of the offence, your character, and the impact that recording a conviction would have on you. For less serious offences — particularly for first offenders — it may be possible to be sentenced without a conviction being formally recorded. This can be significant where a conviction would affect your employment, professional registration, or travel opportunities.

Types of Sentences (Victoria)

The Sentencing Act 1991 (Vic) provides for a range of sentence types. The available sentences, from most to least serious, include:

Imprisonment

A term of imprisonment is the most serious sentence available. Where a term of two years or more is imposed, the court must set a non-parole period — the minimum time that must be served before eligibility for parole.

Any time spent in custody before sentencing — known as pre-sentence detention — must be declared by the court and counted as time already served.

Community Correction Order

A community correction order (CCO) is a supervised order that allows an offender to remain in the community subject to conditions.

All CCOs include mandatory conditions — including not committing further offences and not leaving Victoria without permission — and must include at least one optional condition, such as unpaid community work, supervision, treatment and rehabilitation, or non-association.

In the Magistrates' Court, the maximum duration is two years for a single offence, four years for two offences, and five years for three or more offences. In the County and Supreme Courts, the maximum is five years regardless of the number of offences.

A CCO can be combined with a fine or, in limited circumstances, with a short term of imprisonment of less than 12 months.

Fine

A fine may be imposed in addition to or instead of any other sentence. In determining the amount, the court must take into account your financial circumstances and the nature of the burden the fine will impose — though the court is not prevented from imposing a fine simply because it cannot ascertain your financial position.

Adjourned Undertaking

An adjourned undertaking, formerly known as a good behaviour bond, is an order that adjourns sentencing for a period on conditions, such as being of good behaviour or attending treatment. If the conditions are met, no further sentence is imposed. An adjourned undertaking may be made with or without a conviction being recorded.

Conviction and Discharge

A conviction and discharge records a conviction but imposes no further penalty. It is available where the court considers that no punishment beyond the formal finding of guilt is warranted.

Dismissal Without Conviction

In appropriate cases — particularly where the offence is trivial or technical, the offender demonstrates genuine remorse, or it would be inappropriate to record a conviction — the court may dismiss the charge without recording a conviction. The court may also adjourn proceedings on an undertaking for this purpose.

Victim Impact Statements

A victim of an offence may prepare a written or oral victim impact statement for the purpose of assisting the court to determine sentence. The statement must address the impact of the offending on the victim — including physical, psychological, financial, and social effects.

The victim may choose to read the statement personally, have it read by the prosecutor, or have it read by another person. Only admissible parts of the statement may be read aloud. The defence may object to the admissibility of parts of a victim impact statement, and any such objections must be notified to the prosecution as soon as reasonably practicable after receiving the statement.

FAQs

What is the most important factor in sentencing?

There is no single most important factor — the sentencing judge must weigh all relevant considerations together. In practice, the objective seriousness of the offending and your personal circumstances (including your history, remorse, and prospects of rehabilitation) are almost always central to the outcome. For serious offences, the purposes of just punishment and deterrence tend to dominate. For less serious offending by first offenders, rehabilitation and the absence of a need for specific deterrence often weigh heavily.

What does "non-parole period" mean?

The non-parole period is the minimum time you must serve in custody before becoming eligible to apply for parole. It is set by the court at the time of sentencing for terms of imprisonment of two years or more. It does not guarantee release at the end of the non-parole period — release on parole requires a separate decision by the Adult Parole Board.

What is pre-sentence detention and does it count?

Pre-sentence detention is time spent in custody before you are sentenced — for example, if you were remanded in custody after being charged and before your matter was finalised. The court must declare the amount of pre-sentence detention and count it as time already served on your sentence, as long as you were remanded in relation to that particular offence. If the declaration is incorrect, it can be amended by application.

What are aggravating and mitigating factors?

Aggravating factors are circumstances that make the offending more serious and which may warrant a heavier sentence — for example, targeting a vulnerable victim or offending in breach of a position of trust. The prosecution must prove any aggravating factor beyond reasonable doubt. Mitigating factors are circumstances that reduce the seriousness of the offending or justify a lesser sentence — such as genuine remorse, limited criminal history, mental illness, or cooperation with authorities. You bear the onus of establishing mitigating factors on the balance of probabilities.

What is a community correction order?

A community correction order is a sentencing option that allows you to remain in the community rather than serve a term of imprisonment, subject to conditions set by the court. Conditions can include supervision, unpaid community work, treatment for drug or alcohol dependence, and restrictions on association or movement. A CCO requires your consent and is only available for offences above a minimum seriousness threshold.

Can I appeal my sentence?

Yes. If you believe your sentence is manifestly excessive or that an error was made in the sentencing process, you may be entitled to appeal. Appeals from the Magistrates' Court go to the County Court, where the plea hearing is heard afresh, without the need to establish error. Appeals from the County Court and Supreme Court go to the Court of Appeal where error needs to be established. There are strict time limits for filing an appeal. You should seek legal advice as soon as possible if you are considering an appeal.

Related Guides

You may also find the following guides useful: