When the sentence is decided, the judge or magistrate considers various factors. The factors are as follows:
- The criminal history of the offender
- The circumstances of the offender
- The consequence on the victim
- The significance of the case
- The offender’s behavior with the police. They consider whether he/she has cooperated with police
It is normal to set the maximum penalty for each crime. The greater or higher penalty will be imposed when the offense has occurred with aggravation. It is something that enhances the case seriousness or has caused danger to the victim. It can be caused mostly in situations when the crime has been committed by 1 or more than a single person or also when the person carries the weapon.
Penalty fees and units
Fines for certain wrongdoings in Queensland are according to the penalty units system. PU is the short form of penalty unit. PU is a certain sum of money utilized to function out each fine.
The fine will be considered by multiplying the worth of one penalty unit by a total number of penalty units planned for that crime. The total number of penalty units remains normal and have an equal jail punishment for people who are unwilling or unable to pay fine. In certain cases, the magistrate or judge would decide the number of days the person has to spend in prison and it remains appropriate to the kind of punishment. For instance, the fine for a person who is driving without attention and due care is a major offense. The person will be charged maximum of forty penalty units. If he could not pay, he would be levied six months of imprisonment in jail. The maximum penalty for such offense is about $5222.
In certain cases, the government would introduce particular legislation to battle a special type of crime. It may have a penalty as addition or along with the normal penalty charges passed for the offense.
For instance, hooning is the area where particular legislation is passed to battle anti-social behavior performed in the motor vehicle. If you are found driving without attention and care, it is considered as a hooning offense. The vehicle you are driving would be immobilized or impounded for about 90 days. Additionally, you will be charged a maximum of six months imprisonment or 40 penalty units. If you are seeing doing the same offense repeatedly, the vehicle would be impounded. It can also be confiscated at final level of legal accounts against you.
Where and when sentencing occurs: If you are found guilty or plead, the judge or magistrate would sentence at the final level of the trial or hearing or finalize a date for the sentencing hearing. In general, it is necessary to take part in the sentencing hearing. It is possible for the courts to issue special orders, custodial sentences, and non-custodial sentences.
Non-custodial sentences are referred to as penalties which do not involve prison.
- Absolute release means releasing without any additional penalty or a recorded conviction.
- Good behavioral bonds mean the ability of good conduct for a particular period. It may involve surely in form of the amount of money or guarantee and other conditions.