Tuvalu Island Courts Bench Book - Federal Court of Australia

9.1 Principles of Sentencing
It is the Court’s task to represent the community by deciding on and imposing a sentence for
criminal behaviour. There are a number of reasons for passing a sentence. These are called the
principles of sentencing. They are:
• Punishment – the sentence is to punish the offender for their criminal behaviour;
• Deterrent – the sentence is to deter other people from doing the same thing;
• Prevention – the sentence is to prevent the offender from doing the same thing again;
• Restoration – the sentence serves to restore or repair the damage done to others;
• Rehabilitation – the sentence is to rehabilitate the offender.
When deciding which sentence to pass, you will have one or more of these reasons in mind. Ask
yourself, which of the sentencing principles apply in this case?
9.2 Factors Influencing Sentence
There are a number of factors which will influence you when deciding what sentence to pass.
Such factors might include the offender’s:
• age;
• character;
• community involvement;
• previous criminal record;
• employment;
• steps to make changes and repair the damage caused by the offending;
• plea of guilty; and
• other relevant personal information.
They will also include factors about the offence, such as:
• the seriousness of the offending;
• the impact on the victims or the community; and
• the seriousness with which the community views the offending.
Some factors will cause you to deal with the offender more harshly – these are called aggravating
factors. Some factors will cause you to deal with the offender more lightly – these are called
mitigating factors. You need to take all the factors into account when passing sentence.
Tuvalu Island Courts Bench Book June 2004