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The system · After a finding of guilt

Sentencing, explained simply

Sentencing is the point where a court decides the penalty for someone who's been convicted or pleaded guilty. It isn't only about punishment — the law also asks the court to weigh rehabilitation, deterrence and protecting the community, and to match the penalty to both the offence and the person in front of it.

The options

Types of sentence

Courts choose from a range of penalties — from no penalty at all, up to prison. Four principles guide the choice:

  • Proportionality
  • Consistency
  • Individual circumstances
  • Community protection
THE RANGE OF SENTENCES LIGHTER HEAVIER Discharge / dismissal Fine Good-behaviour bond Community order Prison Courts start with the least restrictive option that fits — prison is generally a last resort.
The penalty has to match the offence and the person. A court works up this scale only as far as the seriousness of the case demands.
Discharge or dismissalFor minor matters, a court can dismiss the charge or discharge you with no further penalty — in NSW, often under "section 10".
FineMoney paid to the state, set by the seriousness of the offence and your capacity to pay.
Good-behaviour bond / conditional release orderYou must meet set conditions for a period. Breaching it can mean being re-sentenced.
Community-based orderSuch as a Community Correction Order (CCO), Intensive Correction Order (ICO) or probation — often with supervision, treatment, curfews or community work.
ImprisonmentServed in custody, with or without a non-parole period. In some states it can be suspended or partly suspended.
The balancing act

How courts decide a sentence

A court weighs aggravating factors (which push a sentence up) against mitigating ones (which bring it down), including:

  • The seriousness of the offence
  • The person's criminal history
  • Whether the offence was planned or impulsive
  • The harm caused to victims
  • Remorse, cooperation, and whether they pleaded guilty
  • Mental health, addiction, and background

For serious offences, a court may also consider victim impact statements and community expectations.

Step by step

The sentencing process

  1. Conviction or guilty plea — the process begins after a guilty verdict or plea.
  2. Pre-sentence reports (if required) — prepared by corrections or probation services, sometimes with risk assessments or treatment plans.
  3. Submissions — defence and prosecution argue the appropriate sentence, with supporting material like references or rehab records.
  4. Victim impact statements — can be read in court to express the harm the offence caused.
  5. Sentencing decision — the judge or magistrate delivers the sentence and explains the reasoning, called "sentencing remarks".

Both sides can challenge the outcome: the offender or the prosecution can appeal a sentence's severity or leniency, or an error of law. See Appeals.

On your side

What can reduce a sentence

If you've been charged or convicted, some factors can bring a sentence down:

  • An early guilty plea
  • Cooperation with police
  • Rehabilitation efforts
  • Character references
  • Mental health or addiction treatment
  • No prior criminal history

A strong legal advocate can help present these persuasively — which is part of why early advice matters.

By state & territory

Sentencing where you are

Each state has its own sentencing law and its own menu of orders. Pick yours for a snapshot.

Go deeper

Parts of the system

Criminal law — general Appeals The court system Bail applications Police powers

This is general information, not legal advice. Sentencing laws, available orders and how factors are weighed vary by state, and a good outcome often turns on how a case is presented. If you're facing sentencing, speak with a criminal lawyer or your state's Legal Aid service.

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While we don’t provide legal advice—as every case is unique and only a qualified lawyer is permitted to do so—we’ll do our best to guide you with relevant general information. If we’re unable to assist, we can refer your query to a criminal lawyer.