Sentencing Law - Sources

• Sentencing Act 1997 (TAS)
• Youth Justice Act 1997 (TAS)
• Crimes Act 1914 (Cwth)
• Common law (case law; previous judgments of Courts)
• Acts creating particular offences and crimes (eg. drink-driving penalties)

Purposes of Sentencing

• punishment and retribution
• rehabilitation of offenders
• deterrence of offenders and other persons from committing offences (individual deterrence; and general deterrence)
• denunciation of the conduct of offenders
• incapacitation

The purposes of the Sentencing Act 1997 are set out in section 3 of the Act as follows:

1. …
2. promote the protection of the community as a primary consideration in sentencing offenders; and
3. promote consistency in the sentencing of offenders; and
4. establish fair procedures for ­
   (i) imposing sentences on offenders generally; and
   (ii) imposing sentences on offenders in special cases; and
   (iii) dealing with offenders who breach the conditions of sentences; and
   
5. help prevent crime and promote respect for the law by allowing courts to ­
   (i) impose sentences aimed at deterring offenders and other persons from committing offences; and
   (ii) impose sentences aimed at the rehabilitation of offenders; and
   (iii) impose sentences that denounce the conduct of offenders; and
   
6. promote public understanding of sentencing practices and procedures; and …
7. ...
8. recognise the interests of victims of offences.