Fiji Magistrates Bench Book - Federal Court of Australia
Fiji Magistrates Bench Book - Federal Court of Australia Fiji Magistrates Bench Book - Federal Court of Australia
3 Sentencing Principles There are five basic sentencing principles to be considered by the Court. These are: • Deterrence; • Prevention; • Rehabilitation; • Punishment; and • Restoration. Deterrence The sentence is designed to deter the offender from breaking the law again and act as a warning to others not to do the same. Prevention The sentence is to prevent the offender from doing the same thing again. Rehabilitation The sentence is to assist an offender to reform and not offend again. Punishment The sentence is to punish the offender for his or her criminal behaviour. Restoration The sentence serves to restore or repair the damage done to others by the offender. 4 Sentencing Discretion While limits of sentence are imposed upon the Court by legislation, the level of sentence in each case is a matter for you to decide. The level of sentence in a particular case must be just and correct in principle and requires the application of judicial discretion. Fiji Magistrates Bench Book April 2004
The judicial act of sentencing needs you to balance: • the gravity of the offence; and • the needs of the society; and • an expedient and just disposal of the case. Although, there is no set or fixed formula in applying the principles, you may have to consider and assess the following factors when selecting the most appropriate penalty or sentence: • the purpose of the legislation; • the circumstances of the offence; • the personal circumstances of the offender; and • the welfare of the community. On sentencing, either the defendant or counsel may make submissions, but not both. See R v Wati (1993) 3 NZLR 475; Suren Singh & Ors v State Crim App No. 79 of 2000; Inoke Cumutanavanua Crim App HAA086 of 2001. One of the most common criticisms of the Court is that sentences are inconsistent. Failure to achieve consistency leads to individual injustice. A means of ensuring consistency is to seek continuity in the approach to sentencing. 5 A Structured Approach to Sentencing 5.1 The Tariff The first step in sentencing is to identify the tariff for the offence. The tariff is the range within which sentences have been imposed for that offence. The statutory maximum sentence is usually specified in the Penal Code or the relevant legislation. You may be assisted in finding the suitable tariff by referring to: • guideline judgments from superior Courts; • sentences from other Magistrates’ Courts for the same offence; • sentences for similar offences from overseas jurisdictions. Fiji Magistrates Bench Book April 2004
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3 Sentencing Principles<br />
There are five basic sentencing principles to be considered by the <strong>Court</strong>. These are:<br />
• Deterrence;<br />
• Prevention;<br />
• Rehabilitation;<br />
• Punishment; and<br />
• Restoration.<br />
Deterrence<br />
The sentence is designed to deter the <strong>of</strong>fender from breaking the law again and act as a warning<br />
to others not to do the same.<br />
Prevention<br />
The sentence is to prevent the <strong>of</strong>fender from doing the same thing again.<br />
Rehabilitation<br />
The sentence is to assist an <strong>of</strong>fender to reform and not <strong>of</strong>fend again.<br />
Punishment<br />
The sentence is to punish the <strong>of</strong>fender for his or her criminal behaviour.<br />
Restoration<br />
The sentence serves to restore or repair the damage done to others by the <strong>of</strong>fender.<br />
4 Sentencing Discretion<br />
While limits <strong>of</strong> sentence are imposed upon the <strong>Court</strong> by legislation, the level <strong>of</strong> sentence in each<br />
case is a matter for you to decide. The level <strong>of</strong> sentence in a particular case must be just and<br />
correct in principle and requires the application <strong>of</strong> judicial discretion.<br />
<strong>Fiji</strong> <strong>Magistrates</strong> <strong>Bench</strong> <strong>Book</strong> April 2004
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