Sentencing Act of Victoria : Section 5

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Introduction
Currently, legislation has been introduced by the parliaments, which shall direct the
judges in considering defined purposes during the time of sentencing. It has also been
acknowledged by the politicians and the judges that sentencing should support and justify the
morals and standards regarding the community. According to Friedberg, it has been recognized
by the modern penal policy that presently, sentencing is no longer considered to be an issue only
in connection to the offender and the state, it is considered to be something, which reasonably
and justifiably concerns both the wider or extensive community as well as the individual victims
(Maxwell 2017). Considering the views of the community in relation to sentencing is regarded as
justified on the basis that the courts are considered to be the fragment of the civilization that they
aid, attend and serve. In the case of W C B v The Queen [2010] VSCA 230, it has been
mentioned by the Victorian Court of Appeal that any particular court should support and justify
the morals and standards regarding the community that are adequately informed, during the time
when such court may implement its command and authority to provide punishment. This paper
discusses the purposes regarding sentencing as provided in section 5 of Sentencing Act of
Victoria enforced in the year 1991, and provides a critical analysis relating to two such purposes
(Warner, Davis and Cockburn 2017).
Sentencing Principles and Purposes
Principles
There are certain sentencing principles, which have developed with the help of decisions
forwarded by the courts and the legislations as per the common law. These principles act as the

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basis in relation to the sentencing decisions. Following are the various principles relating to
sentencing:-
 Parsimony: The severity of the sentence should be no more than what is actually needed
in order to fulfill the purposes regarding sentencing.
 Proportionality: There should be an adequate proportion in relation to the overall
punishment and the seriousness regarding the offending conduct.
 Parity: Similar offences should be dealt with similar sentences in relation to offenders in
similar situations.
 Totality: In a situation in which an offender may serve sentences that may be more than
one, then the complete sentence should be appropriate, fair, just and impartial in
connection to the complete offending conduct (Fellows and Chong 2016).
Purposes
Sub-section 1 of section 5 as provided in the Sentencing Act of the year 1991 forwards the
purposes in relation to sentencing in the state of Victoria. Following are the purposes:-
 Just punishment: The punishment in relation to the offender should be just in every
situations.
 Deterrence: To dissuade and discourage the offender, also known as specific deterrence,
or other individuals, also known as general deterrence, from doing any crime of same or
similar nature.
 Rehabilitation: Conditions should be set by the court, which shall enable the
rehabilitation regarding the offender.