the purposes, types and effectiveness of sanctions

What this dot point is asking

VCAA wants you to know what sanctions are for, what sanctions exist in Victoria, and how effective each is. Expect a 7-10 mark medium or extended response.

The answer

The statutory purposes

Section 5(1) of the Sentencing Act 1991 (Vic) enumerates the purposes for which sentences may be imposed:

1. Just punishment. To punish the offender to an extent and in a manner that is just in all the circumstances.
2. Deterrence. To deter the offender (specific) or other persons (general) from committing offences of the same or a similar character.
3. Rehabilitation. To establish conditions within which it is considered by the court that the rehabilitation of the offender may be facilitated.
4. Denunciation. To denounce the offender's conduct.
5. Protection of the community. To protect the community from the offender.

The Sentencing Act 1991 (Vic) s 5(2) lists the matters the court must take into account in sentencing: maximum penalty, current sentencing practices, nature and gravity of the offence, offender's culpability, impact of the offence on the victim, and the offender's previous character.

The menu of sanctions

In approximate order of severity:

• Discharge. Section 73 of the Sentencing Act 1991 (Vic). No conviction, no further order.
• Dismissal. Section 76. No conviction, no further order.
• Adjourned undertaking. Section 72. With or without conviction. The offender enters an undertaking (often including community work or behavioural conditions); if completed, no further action.
• Fine. Section 49. With or without conviction. Capped by the offence-specific maximum.
• Community correction order (CCO). Section 38. Up to 5 years (or 2 years for a single offence). Conditions can include unpaid community work, supervision, judicial monitoring, treatment, curfew, exclusion. Introduced by the Sentencing Amendment (Community Correction Reform) Act 2011 (Vic), replacing suspended sentences and other community-based options.
• Drug and alcohol treatment order (DATO). Section 18ZG. Available in the Drug Court Division of the Magistrates' Court.
• Imprisonment. Section 11. The court must not impose imprisonment unless no other sanction is appropriate (s 5(3)).

The Sentencing Act 1991 (Vic) was amended by the Sentencing Amendment (Sentencing Standards) Act 2017 (Vic) to introduce category 1 and category 2 offences and standard sentences for very serious offences.

Aggravating and mitigating factors

Aggravating factors increase the sentence. Examples: prior convictions, breach of trust, planning, vulnerability of victim, hate crime motivation (Sentencing Act 1991 (Vic) s 5(2)(daaa)).

Mitigating factors decrease the sentence. Examples: guilty plea (s 6AAA, with explicit identification of the discount), genuine remorse, youth, prior good character, cooperation with authorities, mental impairment (R v Verdins (2007) 16 VR 269 set out the principles).

Effectiveness

Just punishment and denunciation

Reasonably effective. Standard sentences anchor proportionality.

Deterrence

Mixed. The Sentencing Advisory Council Victoria's research, including the 2011 report on the deterrent effect of sentencing, found that the certainty of conviction is more deterrent than severity.

Rehabilitation

Limited. The Productivity Commission Report on Government Services 2024 reported the 2-year return-to-prison rate for adults released from Victorian prisons at around 44 percent. CCOs deliver better rehabilitation outcomes for low-risk offenders.

Protection

Effective while the sentence is served, but undermined by recidivism.

Recent Victorian reforms

• the Sentencing Amendment (Community Correction Reform) Act 2011 (Vic) (CCOs);
• the Sentencing Amendment (Sentencing Standards) Act 2017 (Vic) (mandatory minimums for certain offences);
• the Yoorrook Justice Commission established in 2021 has issued recommendations on the over-representation of Aboriginal and Torres Strait Islander people in Victorian sanctions.