An offender who receives a suspended sentence imposed under s 27 of the Sentencing Act 1991 has to serve the sentence or part sentence held in suspense if he or she is ordered to do so under s 83AR.Section 83AR(2) reads,(2) Despite anything to the contrary in subsection (1), if the court finds the offender …
Tag: sentencing
Drug-driving offences
Offences under s 49 of the Road Safety Act 1986 are notorious for overlap.Since before Mills v Meeking (1990) 169 CLR 214 it has been observed that the prosecution gets significant forensic advantage from charging the same act in several different ways. (And s 51 of the Interpretation of Legislation Act 1981 allows them to …
Oral evidence on sentencing
Witnesses give evidence on oath in sentencing hearings quite commonly in the higher courts. It virtually never happens in the Magistrates' Court.One reason for this (it might be suggested) is the time constraints of the summary jurisdiction. I don't think that's why. Magistrates often go to great lengths to learn more about an offender when …
Offending on bail
Section 16(3C) of the Sentencing Act 1991 creates a presumption that imprisonment imposed for offences committed on bail will be served cumulatively, unless the sentencing court directs otherwise.The Full Court (McInerey and Crockett JJ, Gillard J agreeing) said in R v Gray [1977] VicRp 27; [1977] VR 225: As to the circumstance that offences were …
Judicial College's CCO info
The Judicial College has produced an information package about Community Correction Orders.Chapter 14 of the Sentencing Manual explains the new regime. Their summary of the changes is here.They've also got a quiz, divided into parts A and B.Edit: The Sentencing Advisory Council's take on the changes can be found here.