Tuvalu Island Courts Bench Book - Federal Court of Australia

Introduction
What the offender has been convicted of.
Sentencing Format
The relevant facts
If there was a defended hearing, refer to the evidence called.
If there was a plea of guilty, refer to the Summary of Facts.
The law
Statute:
Maximum sentence and any mandatory requirements, such as mandatory disqualification.
Common law:
What do the higher Courts say? See Appendix 4 for relevant sentencing cases.
Mitigating and aggravating features
Make sure you address any arguments that the accused or their lawyer has put forward.
Relating to the offence:
Aggravating factors, e.g. danger to the public, premeditated attack, major impact on the
victim.
Mitigating factors, e.g. no harm to person or property, minor offence.
Relating to the offender:
Aggravating factors, e.g. personal information; previous convictions; lack of remorse.
Mitigating factors, e.g. personal information; age; good character; remorse shown;
customary steps taken to restore the damage.
Relevant factors from reports
The Pre-sentence Welfare Report, particularly the recommendation.
Pronounce sentence
Make sure you explain the sentence so the offender understands. Using the headings in this
checklist is a good way of covering your reasons. Record your sentence on the Court
record.
Advise rights of appeal
When someone has been found guilty and sentenced following trial, or has pleaded guilty
and is sentenced, explain their rights of appeal. See 10 below.
Where the sentence is imprisonment, suggest that the offender seeks legal assistance.
Tuvalu Island Courts Bench Book June 2004