量刑法
量刑指南、监禁和社区刑罚、加重和减轻情节。
简介
量刑法规定法院在刑事定罪后可以判处的刑罚。
核心原则
Purposes of Sentencing — Punishment, deterrence, rehabilitation, public protection, and reparation (s.57 SA 2020).
Sentencing Guidelines — Courts must follow Sentencing Council guidelines unless contrary to the interests of justice.
Custody Threshold — Custody only if the offence is so serious that neither a fine nor community sentence is justified.
Guilty Plea Reduction — Up to one-third for a guilty plea at the first reasonable opportunity.
Aggravating Factors — Previous convictions, offending on bail, hostility based on protected characteristics.
Mandatory Life Sentence — For murder, the judge sets the minimum term.
关键法规
Sentencing Act 2020
Police, Crime, Sentencing and Courts Act 2022
常见情景
First-time offender pleads guilty to ABH
Sentencing Council guideline sets starting point by harm and culpability. Up to one-third reduction for early plea. Likely community order or suspended sentence.