However, it is vital that the overriding principle that sentences be passed by an independent judiciary is not lost. If the courts get it wrong, there is an adequate appeal mechanism. In Australia, we are extremely fortunate to have judges in the criminal court system who perform their duty impartially and in accordance with the law. In delivering justice, they painstakingly rely on many criteria to assess the seriousness of an offence. These include the maximum penalty prescribed by the Parliament, and the seriousness and circumstances of the offence.
Courts look at the intention of offenders.
They also consider the consequences of the offence and any aggravating features which might warrant heavier punishment. In some cases there is greater need for general deterrence. Where an offence is prevalent and its instance is increasing, courts may send a message to the community that such an offence will be dealt with severely. Courts take into account many factors in sentencing offenders. For instance, they might deal differently with an offender who has several convictions for similar offences in the recent past to someone with an unblemished record.