I just want to thank you from the bottom of my heart. My whole life I was thrown away, you made me feel like I did mean something. I could not have asked for a better lawyer. Your compassion and love for your job is inspiring. Your upfront and honesty were muchly appreciated, you are a beautiful person. Thank you for not giving up on me and thank you for all the work you put in. I wish you all the best for the future and I will be recommending you to everyone I know. You're amazing!!!!
I just wanted to thank you for representing me on Monday, I was overjoyed & relieved with the outcome. I don’t think it could have gone any better. All the best, I hope you got to celebrate this one instead after work, you forever made a difference in my life.
I know I thanked you before we parted company but please allow me to reiterate in writing my sincere deepest thanks for defending me in court today. … Armstrong Legal certainly has a great Lawyer you are a credit to the company and I'm quite sure you will secure a very successful future! … My Kindest Regards and Thanks
Throughout Angela has been the consummate professional. She maintained a calm, yet strong demeanour remained informative and completely open in her communication and took complete ownership of the situation. We felt confident we finally had an advocate to steer us out of the nightmare we were in, and she did so with great respect and sincerity. I cannot speak more highly of Angela. She has literally rescued our family from what looked very much like a hopeless future.
Words can’t describe how grateful I am to Trudie Cameron being my solicitor and to Andrew Tiedt presenting my case in the court. They both have been very supportive and amazingly professional and effective. I’ve got an absolutely fantastic outcome I couldn’t even dream about.
Soon after meeting Andrew I knew he was the solicitor I wanted to handle my matter. He immediately sprang into action which brought me stability and hope during a tumultuous time in my life. Andrew was never afraid to give me straight answers to my tough questions which is a true mark of integrity. He is clearly at ease in the court environment and I believe his calm and measured demeanour went a long way to helping me secure the best result from my day in court. I would certainly recommend you approach Andrew if you need assistance.
"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."
Deterrence as a Sentencing Purpose (Vic)
When deciding on the appropriate sentencing orders to make in respect of a criminal offence, courts must consider the five sentencing purposes set out in the Sentencing Act 1991. These are rehabilitation, denunciation, community protection, punishment and deterrence. Courts must impose sentences for one or more of these purposes. This article discusses the sentencing purpose of deterrence.
What is deterrence?
This sentencing purpose aims to discourage the individual offender as well as the general community from committing the same or similar offences in the future.
Whether general or specific deterrence is given greater weight in a given matter depends on the specific circumstances of the accused as well as of the offending. The question the court must ask itself is whether or not the person being sentenced is a good vehicle for general deterrence.
Specific deterrence overlaps to a degree with the sentencing purposes of punishment and rehabilitation. Its focus is ultimately to try and ensure the same offender does not return before the court.
Where a person has taken steps to rehabilitate themselves prior to coming before the court, the court will often give less importance to specific deterrence as a sentencing consideration.
General deterrence, on the other hand, aims to act as a warning to the general public that if a person commits this offence, this is the penalty they will incur.
Notably, whilst the courts are open for anyone to attend and hear a sentence, general deterrence becomes of significant weight generally only in highly publicised matters. However, in lower range offending, courts will still try to ensure that a message of deterrence is sent to the people who are sitting in court on the day of sentencing.
The weight give to this sentencing principle is dependent primarily on:
- the punitive nature and perception of a sentence; and
- the extent to which the sentence can be communicated to the ‘target audience’.
General deterrence endeavours to address and subside the criminal intentions of the greater public community. However, as this can at times lead to significantly harsher penalties than may be appropriate on the specific circumstances of an accused, it is important that the court is made aware of reasons why general deterrence shouldn’t be a primary consideration in a given matter and even in some situations should be given little or no weight.
However, as it was noted in Raptis & Ors (1988) “good character cannot protect from a custodial sentence those who embark upon crimes of such potential damage to the community. Society has little alternative but to impose upon such people a custodial sentence for the deterrence which it may have upon others.” It is therefore important to understand that general deterrence is always going to be considered.
Mentally impaired offenders
One exception to the application of specific as well as general deterrence is where an offender is mentally impaired (Verdins principles). It is important to understand that a mental impairment is distinguishable from a mental illness, as such matters as addiction and mental illnesses alike may not be sufficient to alleviate the weight given to deterrence as a sentencing purpose.
When sentencing young offenders, rehabilitation ought to be the primary sentencing purpose. Deterrence is, therefore, less of a consideration in matters involving young offenders.
As can be seen, there are many considerations a court must take into account when sentencing a person for criminal offences. As such it is always advisable to have a lawyer assist in the preparation of a plea, to ensure that the court is given all the right information to be led to the fairest sentence.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.
In order to understand the criminal law, it is important to understand the court processes involved in dealing with a…
Armstrong Legal has a team of lawyers that practices exclusively in criminal and traffic law. Our team handles a wide…
WHERE TO NEXT?
If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.
WHY CHOOSE ARMSTRONG LEGAL?
201 Elizabeth Street
Sydney NSW 2000
575 Bourke Street
Melbourne VIC 3000
91 North Quay
Brisbane QLD 4000
Suite 2, Level 6
17-21 University Avenue
Canberra ACT 2601
22 St Georges Terrace
Perth WA 6000